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Officer Don's Crime Prevention Tip |
Safety Tip: Alcohol + Energy Drinks = A Hazardous Combination
Teens and young adults are the core consumers of popular energy drinks, and a number of companies are now adding alcohol. These Alcoholic Energy Drinks (or "AEDs") combine alcohol with caffeine and other ingredients found in the non-alcoholic energy drinks.
Doctors warn that mixing such large doses of caffeine with alcohol is dangerous, especially for the heart. And the caffeine doesn't make a person less drunk, it just makes them feel more awake, which often falsely leads the person to think they are able to drive.
Some AEDs promote partying and heavy drinking. Companies have used taglines that appeal to youth such as: "You can sleep when you're thirty," "Say hello to an endless night of fun," and "Who's up for staying out all night?" Companies market their products over the Internet, on web sites for the drinks and on MySpace and Facebook.
Warning to parents: Make sure the "energy drink" in your teen's purse or backpack isn't an alcoholic energy drink. |
| Sheriff Kathy Witt |
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Fugitives Wanted by the Fayette County Sheriff's Office
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WANTED |
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Gerardo Acosta |
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Assault 2nd |
| DOB: 11/02/1969
Race: Hispanic
Sex: Male
Height: 5'5"
Weight: 150 Hair: Black
Eyes: Brown |
Click here to see who is wanted by the Fayette County Sheriff's Office. |
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TOP STORIES
Criminal Justice News & Views
Campbell County District Judge Gregory Popovich released a defendant charged with attempted murder, then blamed the state Senate.
Criminal Justice News & Views
If you think media editorializing is only on the Opinion page, think again! Photo editors editorialize freely.
Meet Kentucky's Felony Prosecutors
Jack Porter, Commonwealth's Attorney for Campbell County.
Wanted Fugitive Update
Wanted fugitive in Fayette County that was recently apprehended. Recent Court Case
Larceny from auto (LFA) suspect busted, sent to prison.
Death Row Inmate Of The Week
This killer shot and killed his ex-in-laws and shot and wounded his ex-wife, barely missing their 3-year-old daughter.
Information Center
Want to know what cases were Indicted, Dismissed, or Transferred Back To District Court by the Grand Jury and what cases are set for trial? Check it out here.
Who is on Home Incarceration in Lexington?
Convicted criminals in the Home Incarceration Program (HIP) in Lexington. Last Week's Circuit Court Sentencings
Who went to prison and who was probated. |
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Criminal Justice News & Views |
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Campbell County District Judge Gregory Popovich Released A Defendant Charged With Attempted Murder, Then Blamed The State Senate
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| Judge Gregory Popovich Photo Source: The Enquirer/Ernest Coleman | Gregory Popovich, a Campbell County District Judge, recently released a defendant from jail who is charged with attempted murder.
Why? You ask?
It seems that Emmanuel Benton, 18, of Cincinnati, is one of five men charged with trying to kill Kenneth Newton, 25, of Dayton, Kentucky, by opening fire on Newton as he returned home recently.
Both Benton and Newton, (who was charged with a separate crime), were scheduled for preliminary hearings on Thursday, August 14th, the 10th day after Benton's first appearance in court.
The Kentucky Rules of Criminal Procedure require that a preliminary hearing for defendants, in custody, be held within 10 days of the first appearance in court, or they must be released. However, Rule 3.10 of the Kentucky Rules of Criminal Procedure also provides an exception to that 10-day requirement:
". . . the time limits may be extended by the court only upon the showing that extraordinary circumstances exist . . ."
On August 14th the public defenders who had been appointed to represent these defendants, citing some sort of conflict, asked the judge to excuse them and appoint private attorneys. Popovich did appoint private attorneys to represent both defendants, then continued the preliminary hearing until the following week.
Popovich then said that because the preliminary hearing could not be held within the 10-day requirement, he would have to release these defendants from custody. In releasing them he stated in open court:
"I am releasing them onto our streets. Please be careful. Hope that nobody else gets hurt. But remember the fight is between the public advocacy and the state Senate who don't seem to care enough to protect us." Popovich's words on August 14th as reported in nky.com.
Popovich could have done a number of things to ensure that both the rights of these defendants and the safety of the public are protected.
Apparently, Popovich knew in advance of the August 14th preliminary hearing date that the public defender (DPA) would request the appointment of other attorneys to represent these defendants, because on August 13th Popovich wrote a letter to John Delaney of DPA in which he stated:
"Based on our earlier discussion, it is my understanding that your office intends to request the appointment of conflict attorneys at our preliminary hearing docket of August 14, 2008 for several defendants." Popovich's August 13, 2008 letter to John Delaney, DPA, Covington.
Popovich clearly knew about the dual representation issue in advance and could have appointed a private attorney, or at least ordered a public defender from another office to be present and represent one of the defendants before the 10 days expired.
Popovich could have determined that an "extraordinary circumstance" existed and extended the time limit for conducting a preliminary hearing under Rcr 3.10, thereby avoiding the release of defendants charged with serious crimes.
Even under the circumstances created by Popovich and DPA, he still could have held the preliminary hearing that same day, by allowing appointed attorneys time to consult with their clients, then conducting a preliminary hearing, thereby avoiding the need to release these defendants charged with serious crimes.
Instead of dealing with the situation as permitted under the law, Popovich chose to release defendants charged with serious and dangerous crimes, and ask them to "please be careful." Then he took the opportunity to blame Kentucky's Senate for the decision he made.
nky.com said of the event: "Popovich used the Benton and Newton cases to illustrate the consequences of the DPA" budget claims."
So, there you go, Crime-Fighters. |
| Criminal Justice News & Views |
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If You Think Media Editorializing Is Only On The Opinion Page, Think Again!
"Photo editors editorialize freely." American Thinker, March, 2006
We have all seen the political ads in which the worst photograph of an opponent is shown over and over again in an attempt to cast him or her in a less favorable light. It's called "negative advertising" or "going negative." The obvious intention of the person or organization which sponsors such negative advertising is to create a negative impression or feelings toward the person in the minds of the audience.
| Editorial: A statement of opinion in a newspaper, etc., as by an editor or publisher. Webster's New World Dictionary |
| Editorialize: To inject personal opinion into a factual account. Webster's Dictionary |
So, are photographs in newspapers and television used to express the opinions of the media? The americanthinker.com thinks so. In fact, they claim that "photo editors editorialize freely" in reporting the news.
Photos in newspapers and on television are clearly an integral part of "negative advertising" or news reporting. The term that is used is "Photo-Editorializing." The way that photos are used by the editors of newspapers or television in conjunction with reporting news stories can be an obvious attempt by the media to influence the opinions of their audience toward the subject of their photos.
You be the Judge: Is the media photo-editorializing?
Is the media using the following photographs to try to influence the opinions of their audience about the subject of the photos? You will have to decide.
These photos appeared in the Lexington Herald-Leader, along with a story about the race for the state Senate seat for the 13th Senatorial District:
What about these photographs?
| Herald-Leader's Favorite |
La Voz KY's Favorite (Mexican Newspaper) |
Ray's Mother's Favorite |
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When asked about the above photos, Larson said, "Gosh, I thought I had more hair than that, but I do like the ties."
Whether the media was using the above photos for photo-editorializing, he said, "Well, they certainly had a number of other photos to choose from. They made a conscious choice to use the ones they did. You'll have to ask them about photo-editorializing." |
| Meet Kentucky's Felony Prosecutors |
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Jack Porter, Campbell County Commonwealth's Attorney
"Jack is a long-time and experienced prosecutor. He has handled some of the most difficult cases in Kentucky," says Ray Larson.
 Jack L. Porter is the Commonwealth's Attorney for the 17th Judicial Circuit (Campbell County). He began his career in law enforcement at the age of twenty-one when he became a police officer on the Campbell County Police Department.
While a police officer, Jack attended Northern Kentucky University where he earned an Associate Degree in Law Enforcement and a Bachelors Degree in Public Administration. After eight years as a police officer and graduation from Northern Kentucky University, he left the police department to enter law school.
After graduation from The Salmon P. Chase College of Law in 1986, Jack spent four years in private practice. In 1989 he joined the Campbell County Attorney's Office as a part-time assistant County Attorney. In 1990 he joined the Campbell County Commonwealth's Attorney's Office as an Assistant Commonwealth's Attorney. In 2000 Jack was elected Commonwealth's Attorney for the 17th Judicial Circuit (Campbell County).
In 2006, Jask was President of the Kentucky Commonwealth's Attorney's Association. |
| "Wanted Fugitive" Update |
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Wanted Fugitive Apprehended
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Sheriff Kathy Witt |
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Robert Douglas Rogers | On August 16, 2008, Robert Douglas Rogers, wanted for Robbery 1st, was apprehended by the Lexington Division of Police.
When fugitives wanted by the Fayette County Sheriff's Office are apprehended, a red "APPREHENDED" designation will be placed across his or her photograph. Click here to see who is wanted by the Fayette County Sheriff's Office. |
| Recent Court Case |
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Larceny From Auto (LFA) Suspect Busted, Sent To Prison
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Marcus Farris |
At approximately 1:20 a.m. on January 8, 2008, Lexington patrol officers were flagged down by witnesses at a business on New Circle Road who reported that an individual was breaking into vehicles in the parking lot of that location.
Officers stopped a man leaving the parking lot who matched the description and was identified by the witnesses as the suspect. He was identified as Marcus Farris, 40. Officers found that several vehicles in the lot had been damaged; property including checks and wallets was scattered on the ground and a backpack Farris stated was his was located inside one of the cars. The backpack contained a car stereo and a tool used to pry the vehicles open. Farris was found to have the faceplate to the stereo in his pocket. He told the officers the items were his but the business owners, who had responded to the scene, identified the items as having been removed from one of the damaged cars. Farris was arrested and transported to the Fayette County Detention Center.
Farris' criminal record shows that he has 28 prior misdemeanor convictions for crimes including Criminal Trespass, Criminal Mischief, Theft, Receiving Stolen Property, DUI, Public Intoxication, Terroristic Threatening, and Violation of a Protective Order. His record also shows four Probation Violations. Farris pled guilty to Criminal Mischief, Receiving Stolen Property, and Possession of Burglary Tools and was sentenced to serve one year in the penitentiary. |
| Death Row Inmate Of The Week |
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What did this killer do to convince a jury to sentence him to death? This guy murdered two people and wounded one.
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Miguel Soto
26 at the time
Male, Hispanic |
Miguel Soto shot and killed his ex-in-laws and wounded his ex-wife in Oldham County in 1999. Soto went to their home and saw his ex-father-in-law working in the garden. He hid in a shed until the man entered, then shot him once in the chest and once in the back with a .38 revolver. He left the corpse in the shed and then entered the residence where he also shot his ex-mother-in-law in the chest and in the back. He wrapped her corpse in a comforter and then waited for his ex-wife to arrive.
When Soto's ex-wife entered the home with their three-year-old daughter, he confronted her and held a .45 automatic pistol to her head. He told her he had killed her parents and planned to kill her. She begged him not to murder her in front of their child but to take her someplace in her car. Once inside the garage, the ex-wife attempted to run, but Soto shot her in the back, piercing her colon and kidney. Still, she managed to run inside and lock the door, shielding their daughter with her body. Soto fired two more rounds through the door, striking her in the knee and barely missing their daughter.
Soto was sentenced to death on August 17, 2000.
That's what he did. He sentenced himself to death. |
| Information Center |
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To see the latest Grand Jury returns, including Indictments, Dismissals, and cases Returned to District Court, click on the dates below:
The Fayette Commonwealth's Attorney's Office Criminal Trial Schedule is updated each Monday. To see our trial schedule, click here. |
| Who Is On Home Incarceration In Lexington? |
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| Convicted Criminals In The Home Incarceration Program (HIP) in Lexington
Inmates who are nearing the end of their sentences can be placed into the Home Incarceration Program (HIP) under certain circumstances. Offenders who are part of this program are technically still incarcerated; however, they are placed in the community under electronic monitoring rather than being behind the walls of a correctional facility.
To learn the identity of the inmates presently in the Home Incarceration Program in our community, click here. |
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Fayette Circuit Court Sentencings
Monday, August 11, 2008 & Friday, August 15, 2008 |
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Monday, August 11, 2008:
| 3rd Division - Judge James Ishmael | |
| STEWART, Damion Tyree
Age: 33
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| Sentenced to 2 years in prison for the prosecution's amended charge of Possession of a Controlled Substance, probated 5 years. | |
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Friday, August 15, 2008:
| 3rd Division - Judge James Ishmael | |
HENDREN, Brian Keith
Age: 31 |
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| Sentenced to 1 year in prison for Receiving Stolen Property over $300 and in a separate case, to 5 years in prison for Theft by Unlawful Taking over $300 to run consecutively for a total of 6 years in prison, probated for 5 years. | |
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| 4th Division - Judge Pamela Goodwine | |
DAVIS, Heather Dawn I
Age: 30 |
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| Sentenced to 12 months in jail for 3 counts of the prosecution's amended charge of Criminal Attempt False Statement/Misrepresentation to Receive Benefits > $100 to run concurrently for a total of 12 months in jail, probated 2 years. Ordered to pay $38, 075.39 in restitution. | |
GARCIA, Fernando
Age: 27 |
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| ILLEGAL ALIEN: Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, 1st Offense. Sent to prison. IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED | |
YOUNG, Victor Antonio
Age: 47 |
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| Sentenced to 5 years in prison for the prosecution's amended charge of Failure to Comply with the Sex Offender Registration, 1st Offense, probated 5 years. | |
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| 7th Division - Judge Sheila Isaac | |
GAUNCE, Terry Lee
Age: 42 |
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| Sentenced to 12 months in jail for 1st degree Registered Sex Offender Residence Restrictions, conditionally discharged 1 year. | |
KIDD, Polly Gennelle
Age: 41 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Attempt Making False Statement to Obtain Increase of Benefit over $100, probated 2 years. Ordered to pay $7, 643 in restitution. | |
MILLER, Jay Preston
Age: 39 |
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| Sentenced to 1 year in prison for 2nd degree Forgery, probated 3 years. Ordered to pay $4, 332.28 in restitution. | |
RUSSELL, Vernon Lee
Age: 48 |
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| Sentenced to 5 years in prison for being a Convicted Felon in Possession of a Handgun and to 12 months in jail for the prosecution's amended charge of 2nd degree Unlawful Imprisonment, to run concurrently for a total of 5 years in prison, probated for 3 years. | |
| 8th Division - Judge Thomas L. Clark | |
DAVIS, Maurice Lamar
Age: 22 |
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| Sentenced to 1 year in prison for 1st degree Possession of a Controlled Substance, 1st Offense and 30 days in jail for Giving an Officer a False Name or Address, probated for 4 years. | |
MCCARTY, Jaime Marie
Age: 22 |
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| Sentenced to 1 year in prison for Fraudulent Use of Credit Cards over $100, probated for 3 years. Ordered to pay $386.74 in restitution. | |
ROBERTS, Jerrico Jermaine
Age: 20 |
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| Sentenced to 5 years in prison for 1st degree Trafficking in a Controlled Substance, 1st Offense, probated 4 years. | |
TAYLOR, Kevin Mason
Age: 19 |
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| Sentenced to 7 years in prison for the prosecution's amended charge of 2nd degree Robbery. Sent to prison. | |
| 9th Division - Judge Kimberly Bunnell | |
CARRILLO, Gerardo Aramabul
Age: 27 |
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| ILLEGAL ALIEN: Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, 1st Offense. Sent to prison. IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED | |
HERNANDEZ, Jose
Age: 27 |
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| ILLEGAL ALIEN: Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, 1st Offense and to 12 months in jail for Alcohol Intoxication in a Public Place, 1st and 2nd Offense, probated 5 years. IMMIGRATION CUSTOMS ENFORCEMENT (ICE) NOTIFIED | |
MURPHY, David Isaac
Age: 28 |
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| Sentenced to 1 year in prison each for 1st degree Possession of a Controlled Substance, 1st Offense and Theft of Identity of Another without Consent, and to 12 months in jail for the prosecution's amended charge of Use/Possession of Drug Paraphernalia, 1st Offense, and in a separate case, to 1 year each for Theft of Identity of Another without Consent and Fraudulent Use of Credit Cards over $100 within a 6 month Period, and to 12 months in jail for 2 counts of the prosecution's amended charge of Criminal Attempt of Theft of Identity of Another without Consent, cases to run consecutively for a total of 2 years in prison, probated for 5 years. Ordered to pay $299.76 in restitution. | |
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