By Emily Williams

Judge Bill McKenzie took a case under advisement after a lengthy trial during Batesville Municipal Court Wednesday.

“I don’t usually do this,” McKenzie said after watching a 30-minute video and listening to testimony from Lt. Ruby Myers.

The case involved Oscar Cordova, 700 Dickinson, Memphis, who was charged in June with a DUI-refusal, open container, careless driving and possession of marijuana in a vehicle.

He was represented by Attorney Helen Kelly.

Kelly argued that video recorded by police as evidence at the time of the arrest was defective in that it did not include audio recording.

Officer Myers stated she didn’t know what was wrong with the audio on her car video surveillance but since has gotten it fixed. She said she had discarded the other audio tape she carried on her personally.

Kelly also argued the marijuana was not tested for verification.

The case is continued for two weeks to allow the judge to read case law that was presented in court pertaining to the case

Initial appearance

Joshua Morgan, 405 Warner, Como, entered a guilty plea to possession of marijuana in a vehicle.

“Do you work or go to school?” McKenzie asked.

“No,” Morgan replied.

“How do you afford drugs?” the judge asked.

“It was given to me,” said Morgan.

“Oh there are mighty generous people out there,” McKenzie said.

Morgan was fined $620 and his license was suspended.

Billie J. Fonville, 1098 Smart, Como, entered a not guilty plea to possession of marijuana in a vehicle.

Fonville told the judge Morgan was in the vehicle with him and “owned up to it.”

A trial was set for December 9.

Mario Argueta, 2113 E 28th, Lawrence, Kansas, called the court clerk and entered a guilty plea to possession of marijuana in a vehicle and no seat belt.

He was fined $655.

Eddie Porter, 221 Henry Harris, Batesville, had a domestic violence-simple assault case dismissed after the affiant, Tondra Atkins failed to appear to prosecute.

Benica Milan, 105 Lester, Batesville, had a simple assault charge dismissed after affiant Tiffany Hall failed to appear to prosecute.

She entered a not guilty plea to disorderly conduct-failure to comply. A trial was set for December 2.

Pierre Dunlap, 107 MLK, Batesville, entered a guilty plea to domestic violence-simple assault, DUI and no driver’s license.

He entered the city’s work program for 25 days in lieu of paying his fines.

Jabari Smith, 109 Booker T, Batesville, had old fines of $2,096 that have been due since December 2007.

He paid his fines after court.

Cases set for trial

Michael Harmon, 17 Harmon Circle, Batesville, was fined $767 for DUI after a plea agreement.

He was represented by Attorney Helen Kelly.

Ricky Lofton, 500 Armstrong, Batesville, had a possession of marijuana in a vehicle charge amended to simple possession. He was represented by Attorney Helen Kelly.

He was fined $390.

Eric Rice, 11 CR 4065, Oxford, was found not guilty of DUI and following too closely.

The city couldn’t meet the burden of proof.

Tickets

Pamela Deason, 130 Johnson St., Batesville, was fined $585 for no driver’s license, expired tag, and no proof of insurance. She was given a lower fine for fixing her tag and providing proof of insurance after the ticket was issued.

She was fined $585.

Carl Phipps, 214 Tubbs Rd. Apt. 15, Batesville, was fined $583 for no proof of insurance.

Jonathan Miller, 100 Latitia St., Batesville, was fined $444 for no driver’s license and careless driving.

Carlos Avant, 54 Audrey Rd., Courtland, had a no proof of insurance case dismissed.

Clifton Jackson, 159 Rutherford Rd., Batesville, was fined $434 for driving while license suspended and one headlight.

Lee A. Wright, 1105 Trantham Rd., Batesville, was fined $752 for no proof of insurance, driving while license suspended and old fines.

Tony D. Wilbourn, 1089 Smith Rd., Como, was fined $193 for no proof of insurance. He was given a lower fine after proving insurance was purchased after the ticket was issued.