Nov. 9 Ozark County Law Day: Carter sends one to prison, three to jail and gives three suspended sentences

Circuit Judge Craig Carter processed 10 civil cases and 20 criminal cases during the Nov. 9 session of Ozark County Law Day. Details on the criminal cases are listed here. Law Day is held in the upstairs courtroom of the Ozark County Courthouse in Gainesville. It is open to the public. 

 

Sent to prison

Zack L. Burris, who pleaded guilty to domestic assault in November 2019, appeared for a probation violation hearing. His probation was revoked, and his original 7-year prison sentence was executed. He was remanded into the custody of the Missouri Department of Corrections. 

 

Sent to jail

Timothy James Frye pleaded guilty to unlawful use of a weapon (exhibiting) and was sentenced to 60 days in the Ozark County Jail. He is allowed credit for the 31 days in jail he’d already served in pre-trial custody. 

 

Shock jail sentence for probation violation

Kenneth Smith, who pleaded guilty to stealing $750 or more in May 2019, appeared for a probation violation hearing. He was ordered to serve a 7-day shock sentence in the Ozark County Jail and be continued on probation. 

Jackie Lee Wyman, who pleaded guilty to resisting arrest by fleeing causing a risk of serious injury or death to another person in September 2020, appeared for a probation violation hearing. He was ordered to serve a 7-day shock sentence in the Ozark County Jail and be continued on probation. 

 

Given suspended sentence, probation

Betty Ousley pleaded guilty to trafficking drugs and was sentenced to 10 years in prison. The execution of the sentence was suspended, meaning she does not necessarily have to serve the sentence. Instead, her immediate punishment is supervised probation for five years. If she violates probation enough times during those five years, the judge has the option of executing the sentence at that time and sending her to serve the term. 

Rhonda Sprague, who pleaded guilty to two counts of assault in September 2022, appeared for a sentencing hearing. The judge reviewed a sentencing advisory report from the Missouri Department of Probation and Parole which gave sentencing recommendations based on Sprague’s crime, criminal history and other factors involving her case. She was given a suspended imposition of sentence (SIS) and placed on supervised probation for five years. The SIS means that if Sprague successfully completes probation, the charge will be removed from her record. 

Jeffrey Pine pleaded guilty to domestic assault and was sentenced to four years in the Missouri Department of Corrections. The execution of the sentence was suspended, meaning he does not necessarily have to serve the sentence. Instead, his immediate punishment is four years probation. If he violates his probation enough times during those four years, the judge has the option of executing the sentence and sending him to serve the term. 

 

Continued on probation

Phyllip Mitchell, who pleaded guilty to possession of a controlled substance in December 2020, appeared for a probation violation hearing. He was continued on probation. 

Samuel Leonard Havens, who pleaded guilty to DWI (aggravated) in December 2019, appeared for a probation violation hearing. All costs owed in the case were being transferred to a collection agency. He is to be continued on probation. 

 

Scheduled or continued to Nov. 23

Timothy Sprague, charged with second-degree murder and unlawful possession of a firearm in one case and unlawful possession of a firearm and possession of a controlled substance in another case, had his plea hearing or trial setting continued to 1:30 p.m. Nov. 23. 

Samantha Rodak-Triboulet, who pled guilty to burglary and stealing $750 or more in January 2019, appeared for a probation violation hearing. During her last hearing Oct. 19, she tested positive for methamphetamine. She was ordered to be screened for Taney County drug court in a case she’s charged with in that county. Her probation is to remain suspended. The probation violation hearing in the Ozark County case was continued to 1:30 Nov. 23. 

Charles J. Simpson, who pleaded guilty by Alford plea to domestic assault in February 2021, appeared for a probation violation hearing. He has new charges filed against him. He was released, and is scheduled to be supervised by Court Probationary Services with twice weekly drug testing. He is to have no contact with the victims in the case. He is scheduled to return at 1:30 p.m. Nov. 23. 

Anthony A. Kutchko, charged with assault and resisting arrest for a felony, appeared with his attorney. He was ordered to remain in the custody of the Ozark County Jail. He is to return for a plea hearing or trial setting at 1:30 p.m. Nov. 23. 

Nicole Smith, charged with stealing and fraudulent use of a debit or credit card, appeared for a plea hearing or trial setting. It was continued to 1:30 p.m. Nov. 23. 

James M. Ruark, charged with delivery of a controlled substance and delivery of a controlled substance at a county jail, appeared with his attorney. A plea hearing or trial setting is scheduled for 1:30 p.m. Nov. 23. 

Brian Dunaway, charged with second-degree murder, unlawful use of a weapon (possessing a weapon and a felony-level controlled substance at the same time), possession of a controlled substance, two counts of endangering the welfare of a child and two counts of armed criminal action, appeared with his attorney for a pre-trial conference. All pending motions are continued to his next court appearance at 1:30 p.m. Nov. 23. A jury trial is scheduled for Dec. 12-16. 

Kenny Maynard, charged with sexual abuse and child molestation, appeared for a plea hearing or trial setting. It was continued to 1:30 p.m. Nov. 23. 

Jody Weyrauch, charged with kidnapping, three counts of domestic assault, three counts of armed criminal action, robbery, tampering with a victim in a felony prosecution and two counts of felony possession of a controlled substance, appeared for a plea hearing or trial setting. It was continued to 1:30 p.m. Nov. 23. 

 

Scheduled or continued to Dec. 7

Trevor White, charged with assault (causing serious physical injury to a special victim), armed criminal action, first-degree assault, was arraigned. He is scheduled to return to court for a plea hearing or trial setting at 9 a.m. Dec. 7. 

Michael S. Burkeen, charged with assault, armed criminal action, unlawful use of a weapon (shooting at a person, vehicle or building) and receiving stolen property in one case and burglary and two counts of stealing a firearm in another case, appeared for a plea hearing or trial setting. It was continued to 9 a.m. Dec. 7. 

Dakota Maynard, charged with promoting child pornography to a minor and possession of child pornography, appeared for a plea hearing or trial setting. It was continued to 9 a.m. Dec. 7. 

Reagan Jenkins, charged with stealing (all other property) and fraudulent use of a credit or debit card, was arraigned. A plea hearing or trial setting is scheduled. 

Blake Dalton White, charged with rape, two counts of statutory rape of victim younger than 14 and two counts of statutory sodomy of victim younger than 14, appeared for a plea hearing or trial setting. The defense expert was en route to interview defendant, court documents show. The hearing was continued to 9 a.m. Dec. 7. 

 

Scheduled or continued to Jan. 4, 2023

Manuel Asher, charged with stealing $25,000 or more, had his hearing continued. A plea hearing or trial setting is scheduled for 9 a.m. Jan. 4. 

Stephanie Asher, charged with stealing $750 or more, was arraigned. A plea hearing or trial setting is scheduled for 9 a.m. Jan. 4. 

 

Case updates not visible in public view

Brandon Cowan, charged with three counts of unlawful possession of a firearm, and Alicia Vandiver, charged with endangering the welfare of a child, were on the docket to have their cases heard during the Nov. 9 session of Ozark County Law Day; however, the cases were not viewable by the public on CaseNet, the Missouri online court system. Therefore, the Times was unable to provide updates. 

Ozark County Times

504 Third Steet
PO Box 188
Gainesville, MO 65655

Phone: (417) 679-4641
Fax: (417) 679-3423