City Court 10-19-12

Published 12:00 am Tuesday, October 23, 2012

Judge: ‘not running a kindergarten’


By Emily Williams

A case for simple assault was dismissed Wednesday after Batesville City Judge Jay Westfaul told the defendant and affiant, “I am not running a kindergarten.”

Gary Douglas, 107 Dora St., Batesville, was found not guilty of simple assault by threat though the judge told him the Facebook messages he read were vulgar.

Sign up for our daily email newsletter

Get the latest news sent to your inbox

“Decent people don’t talk or write like this,” the judge said.

Affiant LeAndra Hubbard told the judge the entire argument started over Facebook messages over her baby and the father of her baby.

Hubbard said, “All she got to do is get a DNA test and call DHS but it’s been five months to the day and she’s still pickin.”

Hubbard and her mother said Douglas came by their house threatening them.

After reading the Facebook messages the judge ruled that the language was “vulgar and horrible” but he did not see where a threat was made.

Aileen Wallace, 206 Draper, Batesville, was found guilty of disorderly conduct-failure to comply after a trial.

Officer Richard Lott testified he was called to a large group fighting on Draper Street on September 13.

Lott said when he arrived he saw the group fighting and he asked Wallace to step back several times.

“I couldn’t see her right hand. She was in my face pointing and screaming. The importance of her right hand was that we were told she had a knife,” Lott testified.

Lott said he tased her once and she got back up still resisting and he tased her again.
Wallace said she was trying to break up the fight and was not holding a knife and what the officer said was incorrect.

“I don’t believe the officer tased you to be mean,” Westfaul said. “I find you guilty.”

She was fined $634.

Antionette Smith, 221 Baker, Batesville, was found not guilty of simple assault. She had old fines of $489.

She told the judge she had the money to pay her fines after court.

Kajarvis Bradford, 108 Vance St., Batesville, entered a guilty plea to simple possession of marijuana. He was fined $430.

Brondreekus Clark, 205-C Leonard, Batesville, entered a not guilty plea to possession of marijuana. A trial was set for November 14.

Markeevan Ford, 2074 Morrow Rd., Courtland, entered a guilty plea to simple possession of marijuana. He was fined $430. He was sentenced to 35 days in jail for old fines of $995 that have been due since May 2012.

Jimmy Redwine, 189 Borthwood Dr., Batesville, entered a not guilty plea to simple possession of controlled substance. A trial was set for November 14.
He entered a guilty plea to public drunk and was fined $212.

Tyrone Whitten, 117 Hoskins Rd., Batesville, had a case continued for indecent exposure, public drunk and resisting arrest and old fines of $255 continued.

Lynell Stamps, 1199 Tom Cooper, Batesville, entered a not guilty plea to stalking.

“I want an appointed lawyer,”  he told the judge.

“Do you own any property?” asked Westfaul.

“No,” he replied.

“Do you have a car?” the judge asked.

“Yes.”

“Is it paid for?”

“Yes.”

“Well I don’t believe you are indigent,” said Westfaul.
Westfaul did not appoint a lawyer.
 A trial was set for November 21.

Tony A. Perry, 107 Cedar Crest, Batesville, entered a guilty plea to simple assault against Shaneeka Williams. He was fined $315.

Vernon Caldwell, 235 Shell Rd., Batesville, entered a not guilty plea to domestic violence-simple assault. A trial was set for November 14.

Porshia T. Ballentine, 634 Deer Creek, Batesville, entered a not guilty plea to domestic violence-simple assault. A trial was set for November 7.

Chelsey Wilson, 1853 Crouch Rd., entered a guilty plea to stealing shampoo and hair dye from Wal-Mart. She was fined $1,333.

Hailey Marino, 1974 Dees Rd., Batesville, entered a guilty plea to shoplifting clothes, to toiletries, pillow cases and duct tape.

“What were you going to do with the duct the tape?” the judge asked.

“Well, actually the duct tape was hers,” Marino replied as she pointed at Wilson.

“How’d you think you were going to get away with all of that stuff?” asked Westfaul.

“I almost did,” she laughed.

Marino was fined $1,333.

Marvin Brownlee, 107 Vance St., Batesville, approached the bench to answer a charge of public drunk.

“What are you here for?” asked the judge.

“Public drunk, sir,” replied Brownlee.

Westfaul told the city clerk, Rene Hubbard, “tell the district attorney he has violated his parole. He can be released today. If circuit court wants to deal with him they can.”

Westfaul looked at Brownlee and said, “I am not preaching anymore.”

Editor’s note: Brownlee was arrested later that day for public drunk and will serve three years. He has been arrested nine times for public drunk since he was released from incarceration.

Tanya Henderson, 307 Armstrong, Batesville was found not guilty of two counts of simple assault after the affiants, Lachandra Flowers and Demesha Hendrix failed to appear to prosecute.

Kanshundera Henderson, 125 Jackson, Batesville, had a simple assault case dismissed after the affiant, Demesha Hendrix failed to appear to prosecute.

Terrica Wilson, 205-A Leonard, Batesville, was found not guilty of simple assault after the affiant, Demesha Hendrix failed to appear to prosecute.

Tickets

Marie T. Miller, 160 Chief Dr., Courtland, was fined $586 for driving while license suspended and no proof of insurance.

Andrew M. Groner, 1361 Crouch Rd., Batesville, was fined $165 for careless driving.

Joshua M. Cannon, 112 Eureka St. No. 5, Batesville, was fined $381.