| Criminal Justice News |
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Every Thursday -- check WKYT.com for the latest "A Message from Ray the D.A."
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| American D.A. - LIVE
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Forensic Friday
Every other Friday 9 am
WVLK 590 AM |
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Officer Don's Crime Prevention Tip |
Safety Tips For Walkers
Many walkers fear being attacked or mugged by a stranger.
Walk indoors: Treadmills are an option for those who do not have a place to walk that they consider to be safe.
Bad guys don't want witnesses. Being in view of a well-traveled vehicular street is good.
Attitude: Keep your head up and stride purposefully.
Walking with a friend or group reduces your chance of attack significantly.
Walking with a dog, even a little ankle-biter, will greatly reduce your chance of attack. |
| 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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Urial Lagunes Pena |
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Rape 1st |
| DOB: 06/02/1982
Race: Hispanic
Sex: Male
Height: 5'8"
Weight: 150
Hair: Brown
Eyes: Brown |
Click here to see who is wanted by the Fayette County Sheriff's Office. |
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TOP STORIES
Recent Court Case
Mimi Phan - The leader in Fayette County shoplifting arrests and convictions.
Criminal Justice News & Views
Update on Frankfort's "rush-to-release" criminals from prison.
Death Penalty News
The facts about Kentucky's Death Row inmates. Meet Kentucky's Felony Prosecutors
Linda Tally Smith, Commonwealth's Attorney for Boone and Gallatin Counties.
Death Row Inmate Of The Week
This killer shot and killed a deputy sheriff in Jefferson County.
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. |
| Recent Court Case |
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Mimi Phan -- The Leader In Fayette County
Shoplifting Arrests And Convictions
Mugshots and convictions continue for prolific shoplifter.
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Mimi Phan's most recent mug shot (8/18/08) | Mimi Phan, 45, needs little introduction to the criminal justice community in Lexington. She was sentenced to six years and placed on probation for five years in February of 2003 for felony Theft, Burglary, and Persistent Felony Offender charges. She completed her probation in January of 2008, in spite of receiving four theft-related convictions while under court supervision.
Phan was arrested on May 1, 2008 and charged with misdemeanor theft from Wal-Mart. She was released from the Fayette County Detention Center on the same day, but returned on July 21 when she was arrested again for misdemeanor theft from the Fayette Mall. The cases were resolved in Fayette District Court with a guilty plea to Theft by Unlawful Taking (Misdemeanor), which brings her total to 11 misdemeanor and 4 felony convictions, all for theft or related offenses. She returned to the Fayette County Detention Center on August 18, 2008 to collect her 24th mugshot and serve a 45-day sentence.
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1996 Jail Mugshot
"We've Only Just Begun," by the Carpenters:
Phan's teased hair and high collar survive booking procedures just fine, thank you. |
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1999 Jail Mugshot
"Party Like It's 1999," by Prince:
Phan is booked and released the same day, paying a fine and costs for an early conviction. |
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2000 Jail Mugshot
"Back on the Chain Gang," by The Pretenders: An ill-fated trip to the Lexington Mall results in two felony convictions and a Department of Corrections-sponsored vacation. |
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2002 Jail Mugshots
"Back in Black," by AC/DC:
Phan develops a straighter hair style, along with two more convictions and a probation revocation for a total of 31 days served. |
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2003 Jail Mugshots
"Jailhouse Rock," by Elvis:
Two new felony convictions can't mess up Phan's new softer look. She makes it on probation for almost two months before another conviction and serves a total of 27 days for the year. |
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2004 Jail Mugshots
"Everybody's Workin' for the Weekend," by Loverboy:
Phan continues to serve weekends, in addition to another conviction, and branches out from her basic black and white wardrobe to serve some of her 22 days in a more colorful way. |
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2005 Jail Mugshot
"Weekend Warrior," by Iron Maiden:
Phan serves a total of 9 days, all on weekends, with another conviction and a modification of her probation. |
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2006 Jail Mugshot
"Back to Basics," by Christina Aguilera:
The black jacket returns, along with another conviction. Phan serves one day in the detention center; this mug shot is 10 years and one week after her first one. |
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2007 Jail Mugshot
"The Never-Ending Story," by Newfound Glory:
Phan serves a total of ten days (so far) as her probation, like her hairstyle, is modified yet again. |
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2008 Jail Mugshots
"Just Can't Get Enough," by Depeche Mode:
Phan serves a total of 45 days and collects her 24th mugshot. | |
| Criminal Justice News & Views |
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Update On Frankfort's "Rush-to-Release" Criminals From Prison
A new "soft-on-crime" attitude in Frankfort is gambling with the safety of our citizens.
 The last few weeks have been pretty enlightening. Several groups whose apparent purpose is to do whatever it takes to get convicted criminals out of prison have been hard at work doing just that.
Of course, you won't see much or read much about their activities because the media seems to agree with the "soft-on-crime" direction these groups are taking.
Our First Report: The Kentucky Criminal Justice Council (KCJC)
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J. Michael Brown | This group met on August 18, 2008 in Frankfort. It is chaired by J. Michael Brown, the head of the Kentucky Justice Cabinet. They have been divided into committees to deal with issues involving the criminal justice system. The overriding goal of the KCJC, as mandated by the Governor and Legislature, is to save the state budget $30 million, primarily by releasing convicted criminals from prison.
The following are some of the statements made by the Chairs of the various committees. They capture the direction the KCJC seems to be headed.
Sentencing Committee: Charles Geveden, Deputy Justice Cabinet Secretary, reported:
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Charles Geveden | 1. Geveden said, "There are too many PFO's (Repeat Felony Offenders) in prison. Currently there are 1,400 PFO 1st Degree inmates in prison. (PFO 1st Degree requires at least two prior felony convictions), and 2,900 PFO 2nd Degree inmates in prison. (PFO 2nd Degree requires one prior felony conviction). We want to restrict the use of the PFO charge."
Editor's Comment: It should be pointed out that Kentucky's PFO laws increase the penalty for repeat felony offenders. The reason for increasing the penalties for these career criminals is sound. They represent only approximately 6% of the criminals, but they commit well over 50% of the crimes in our country.
It makes great sense to arrest, convict and incarcerate the repeat offenders who commit most of the crimes in our communities. That's exactly what the PFO law does. To weaken it is simply surrendering and turning our backs on the victims of these career criminals.
Probation, Parole and Corrections Committee: Commissioner LaDonna Thompson reported:
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LaDonna Thompson | 1. Each of the KCJC committees was provided statistics concerning the released prisoners to date.
Editor's Comment: The same information was not provided to those in the audience. So, we don't know who or how many convicted criminals were released from prison, or probation or parole supervision.
Penal Code Committee: Chris Cohron, Warren Co. Commonwealth's Attorney, reported:
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Chris Cohron | 1. The Penal Code committee has not met because the legislative members (Senator Robert Stivers and Rep. Kathy Stein) have not provided dates they could meet. Furthermore, Cohron said that this committee should not duplicate efforts of the Legislative Committee created under House Bill 406.
Editor's Comment: It makes logical sense the Governor and the Legislature are the driving force behind this "rush-to-release" convicted criminals that they should attend the meetings of the group they created. Moreover, if the Governor and the Legislature want to weaken our criminal laws, they should be the ones to do it.
Pre-Trial Committee: Judge Kelly Eastin reported:
1. The Pre-trial Committee is in favor of the proposed changes to the Kentucky Rules of Criminal Procedure which will permit a new Bond Schedule.
2. The Pre-trial Committee was upset that "only 9% of the Fayette County arrestees are released on 'non-financial bonds."
Editor's Comment: Gosh, maybe some of these arrestees might not re-appear, or even re-offend while they are out.
218A (Drug Crimes) Committee: Reported by Prof. Whetstone for Judge Gregory Bartlett:
1. Some committee members thought all drug possession crimes should be de-criminalized.
2. The committee doesn't want to appear to be "soft-on-crime," but believe that most felons are good people with an addiction.
3. J. Michael Brown, Secretary of The Justice Cabinet, wants to amend Kentucky's drug laws to mirror federal laws, because they have recently reduced the penalties for drug offenses.
Editor's Comment: Good Grief! Those comments give you a real picture of what is going on in Frankfort these days. Decriminalize drug offenses, soft-on-crime, reduce penalties for drug crimes -- that says it all! |
| Death Penalty News |
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| The Facts About Kentucky's Death Row Inmates
 Kentucky's death penalty opponents and their accomplices in the media would have everyone believe that the death penalty is overwhelmingly imposed on poor minorities. A look at the killers who are sentenced to death because of their brutal and violent acts, and who resides on Kentucky's Death Row tells a completely different story.
Today there are thirty-seven (37) people on Kentucky's Death Row awaiting execution. The public rarely hears about the brutal and aggravated murders these killers committed. Nor do they know about just who is on Death Row.
Here are some facts about these condemned killers:
| Racial Make-up of Kentucky's Death Row: |
| Total on Death Row |
37 |
100% |
| White |
29 |
78% |
| Black |
7 |
19% |
| Hispanic |
1 |
3% |
| Gender of Death Row Killers: |
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| Total on Death Row |
37 |
100% |
| Male |
36 |
97% |
| Female |
1 |
3% |
| How many people did these killers murder?: |
72 victims |
| Average age of killer at time he/she murdered victim(s): |
31 years old |
| Average length of time of Appeal of Death sentence: |
14 years on Appeal | |
| Meet Kentucky's Felony Prosecutors |
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Linda Tally Smith, Boone and Gallatin Counties Commonwealth's Attorney
"In Linda's short eight-year tenure as Commonwealth's Attorney for the 54th Judicial Circuit, she has become a well-respected leader of Kentucky's prosecutors," says Ray Larson.
 Linda Tally Smith is the Commonwealth's Attorney for the 54th Judicial Circuit, which serves Boone and Gallatin Counties. She has dedicated her career to felony prosecution since graduating from the University of Kentucky College of Law in 1994, and was elected Commonwealth's Attorney in 2000.
Linda was appointed to serve on the Kentucky Coalition Against Sexual Assault in 2005, which resulted in a revamping of the Kentucky Penal Code relating to sexual assault, child abuse and registration of sex offenders. She has also served on the Governor's Blue Ribbon Commission on Prosecutors' Salaries and Staffing and the Blue Ribbon Commission on Sentencing. She was President of the Kentucky Commonwealth's Attorneys' Association in 2005, and sat on the Prosecutor's Advisory Council for four years. She has been an instructor with the Kentucky Prosecutor's Institute since 2004, and has taught at the University of Tennessee's National Forensic Academy since 2005.
In 2005, Linda was selected as the Outstanding Commonwealth's Attorney for Kentucky. Her work on multiple homicides has been featured on A&E's Cold Case Files, CourtTv's Forensic Files, and ABC Primetime Live. |
| Death Row Inmate Of The Week |
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What did this killer do to convince a jury to sentence him to death?
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Vincent Stopher
24 at the time
Male, White | Vincent Stopher shot and killed a deputy sheriff in Jefferson County in 1997. The deputy sheriff was responding to a call concerning a disturbance. When the deputy arrived at the location, Stopher approached the police cruiser and began striking the deputy. Stopher unholstered the deputy's handgun, pressed the barrel of the gun into his face, and pulled the trigger. Stopher then got out of the police cruiser and pointed the gun at a witness. The witness, afraid he was about to be shot, dropped to his knees and raised his hands. Stopher pulled the trigger, however, the gun jammed and would not fire.
Other officers arrived on the scene and apprehended Stopher. Four officers were required to wrestle him to the ground and handcuff him. While the officers were struggling with Stopher, he grabbed another officer's weapon and attempted to fire it.
Stopher was sentenced to death on March 23, 1998.
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
Friday, August 22, 2008 |
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| 3rd Division - Judge James Ishmael | |
COLEMAN, William Joseph
Age: 41 |
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| Sentenced to 1 year in prison for Flagrant Non Support, probated 5 years. | |
Mack, James Albert
Age: 33 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Theft By Unlawful Taking under $300 and to 6 months in jail for Theft By Unlawful Taking under $300, to run concurrently for a total of 12 months in jail, probated for 2 years. | |
PRICE, Daishawn Raymontay
Age: 19 |
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| Sentenced to 5 years in prison for the prosecution's amended charge of being a Convicted Felon in Possession of a Firearm. Sent to prison. | |
WARNER, Earl William
Age: 51 |
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| Sentenced to 14 years in prison for 1st degree Rape and 14 years in prison for 1st degree Burglary, to run consecutively in part for a total of 18 years in prison. Sent to prison. Lifetime sex offender registrant. | |
| 4th Division - Judge Pamela Goodwine | |
MASHNI, Johnny Ibramim
Age: 45 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Trafficking Marijuana under 8oz. and to 12 months in jail for Use/Possession of Drug Paraphernalia, 1st Offense, to run concurrently for a total of 12 months in jail, probated for 2 years. | |
SCHANNON, Theron Wilbert
Age: 35 |
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| Sentenced to 115 days in jail for the prosecution's amended charge of Sexual Misconduct. Sent to jail. | |
| 7th Division - Judge Ernesto Scorsone | |
DUNN, Mildred Jeanette
Age: 46 |
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| Sentenced to 1 year in prison for Theft by Failure to Make Required Disposition of Property Over $300, probated for 5 years. | |
GENTRY, Patina A.
Age: 29 |
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| Sentenced to 1 year in prison for 1st degree Perjury, probated for 5 years. | |
WALTON, Jeurne Sterling
Age: 19 |
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| Sentenced to 12 months in jail for prosecution's amended charge of Criminal Attempt to Use a Minor under 16 in a Sexual Performance, to 12 months in jail for the prosecution's amended charge of Sexual Misconduct, and 12 months in jail for the prosecution's amended charge of Voyeurism, to run concurrently for 12 months in jail, ordered to serve 30 days, probated for 2 years. | |
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| 8th Division - Judge Thomas L. Clark | |
| BYRD, Joyce Lee
Age: 50
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| Sentenced to 12 months in jail for the prosecution's amended charge of Criminal Facilitation to 2nd degree Burglary, probated for 2 years. Ordered to pay $5432.45 in restitution joint and several. | |
| BYRD, Latisha N.
Age: 21
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| Sentenced to 12 months for the prosecution's amended charge of 4th degree Assault, probated for 2 years. Ordered to pay $5, 432.45 in restitution joint and several. | |
| CAMPBELL, Casey Marie
Age: 28 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of 4th degree Assault, probated for 2 years. Ordered to pay $5, 432.45 in restitution joint and several. | |
GILVIN, Jennifer Joyce, Tillet
Age: 31 |
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| Sentenced to 12 months in jail for the prosecution's amended charge of Facilitation to Theft by Unlawful Taking under $300, probated for 2 years | |
LAMARR, Marcus Wayne
Age: 35 |
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| Sentenced to 4 years in prison for Flagrant Non Support, probated 5 years. | |
PURSIFULL, Justin Lee
Age: 20 |
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| Sentenced to 1 year in prison for Receiving Stolen Property over $300, probated 3 years. | |
| 9th Division - Judge Kimberly Bunnell | |
| COLLINS, Jerry Dale
Age: 40
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| Sentenced to 5 years in prison for the prosecution's amended charge of 2nd degree Assault, 1 year in prison for 1st degree Wanton Endangerment, and 4 days in jail and a 45-day license suspension for Operating a Motor Vehicle under the Influence of Alcohol/Drugs with .08, Aggravator, 1st Offense, to run concurrently for a total 5 years in prison. Sent to prison. | |
| DAVENPORT, Donnie
Age: 36
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| Sentenced to 6 months in jail for the prosecution's amended charge of 1st degree Possession for Sale or Transfer Simulated Controlled Substance, 1st Offense, probated 2 years. | |
| FITCH, Daniel Scott
Age: 36
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| Sentenced to 3 years in prison for the prosecution's amended charge of Trafficking in Marijuana 8oz>5lbs without a Firearm, and to 12 months in jail for the prosecution's amended charge of Use/Possession of Drug Paraphernalia, 1st Offense, and to 12 months in jail for Cultivation of Marijuana, < 5plants, 1st Offense, serve 30 days, to run concurrently for a total of 12 months in jail, probated 5 years. | |
| HOWARD, William D.
Age: 30
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| Sentenced to12 months in jail for Resisting Arrest. Sent to jail. | |
HUEBENER, Bryan Matthew
Age: 20 |
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| Sentenced to 1 year in prison for 2nd degree Criminal Possession of a Forged Instrument, 1st Offense, and to 12 months for Receiving Stolen Property under $300, and in a separate case to 12 months each on 2 counts of 2nd degree Criminal Possession of a Forged Instrument, 1st Offense, probated for 2 years. | |
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