Two men sent to prison for violating probation and another was given shock jail sentence in recent Law Day sessions


Ozark County courthouse

Circuit Judge Craig Carter processed a total of five criminal cases during the July 22 session of Ozark County Law Day and 13 criminal cases during the Aug. 5 session. The criminal cases are summarized here. (The date following the defendants’ names and towns is their birth year.)

 

 

Sent to prison for violating probation

Christopher Jason Lynne, Wasola, 1993, who pleaded guilty to possession of a controlled substance, appeared for a probation-violation hearing for failing to report to his probation officer. His probation was revoked, and  he was sent to prison for four years. 

Violations: Online court documents, displaying violations in the case, were not available for public viewing. 

Prior Ozark County convictions: Lynne was convicted of the following charges: operating a vehicle in a careless and imprudent manner involving an accident in December 2008; exceeding posted speed limit by 16-19 miles per hour, failing to wear a seat belt, unlawful use of drug paraphernalia and operating a vehicle without a license in January 2011; and unlawful use of drug paraphernalia in March 2016.

 

Kaleb L. Hoots, Mountain Grove, 2000, who pleaded guilty to burglary and stealing $750 or more in March 2018, appeared for a probation-violation hearing. His probation was revoked, and he was sent to prison for four years on each count. 

Violations: Online court documents, displaying violations in the case, were not available for public viewing. 

No prior Ozark County convictions.

 

Sentenced to shock jail term for violating bond terms

Russell Antone Ross, Gainesville, 1959, charged with two counts of possession of a control substance and two counts of driving with a revoked or suspended license, appeared for a case review. The court found that Ross violated the terms of his bond. He was ordered to complete a seven-day shock jail sentence for the violation.

Five violations: Ross has had five violations for non-compliance with Court Probationary Service: one in January, three in May and one in June. He has served a 10-day, three-day and seven-day shock jail sentence for the violations. 

Prior Ozark County convictions: Ross pleaded guilty to operating a vehicle on a highway without a valid license in April 2015 and to a DWI in November 2016. 

 

Entered into drug court program

Julia Anne Lesh, Gainesville, 1972, who pleaded guilty by Alford plea to possession of a controlled substance in November 2019, appeared for a probation violation hearing. (An Alford plea means a defendant does not admit the crime and asserts their innocence but believes the evidence the prosecution holds would likely persuade a jury to convict them.) She was ordered to serve a seven-day shock jail sentence for violating her probation and enter the Ozark County Drug Court program. Online records indicate Lesh was accepted into the court program Aug. 5. 

Four violations: Lesh has had four violations so far in the case. Two CPS non-compliance reports were filed in July 2019, and she served 10 days in jail for the violations. She has also had two additional probation violations filed against her in March (tested positive for drugs) and June (reason not given). She served a seven-day jail sentence for the first violation and was ordered to enter and complete the Ozark County drug court program after her second violation. 

Probation: Lesh is on supervised probation through November 2023. 

No prior Ozark County convictions.

Open case: Lesh is currently charged in an unrelated, open Ozark County case involving  possession of a controlled substance, failing to stop at a stop sign and failing to drive on the right half of the roadway. She had a non-compliance report filed in that case in July, and on Monday, Associate Judge Raymond Gross ordered her to serve 10 days in jail for that violation.

 

Continued or scheduled for Aug. 27

Brian Edward Mottus, Bakersfield, 1979, who pleaded guilty to unlawful possession of a firearm, delivery of a controlled substance in June 2019, appeared for a probation-violation hearing. The online court docket entry indicates that the court found “the defendant’s due process rights are imperiled, and that the public defender is appointed.” The hearing was continued to Aug. 27. 

Two violations have been filed in the case, in June and September 2019.

No prior Ozark County convictions.

 

Continued or scheduled for Sept. 9

Michael A. Smith, Mansfield, 1995, charged with conspiracy to robbery, had his plea hearing or trial setting continued. He is reportedly being held in federal custody in connection with a child pornography case. 

No violations so far in the case. 

Prior convictions: Smith pleaded guilty to pursing, taking, killing, possessing or disposing of wildlife illegally in Ozark County in April 2010. 

 

Makayla B. Souder, Bakersfield, 1997, charged with unlawful use of a weapon - possessing a loaded weapon while intoxicated, was arraigned. A plea hearing or trial setting is set for Sept. 9.

No violations so far in the case. 

Prior Ozark County convictions: Souder pleaded guilty to operating a vehicle on a highway without a valid license and operating a vehicle in a careless and imprudent manner involving an accident in August 2016. She again pleaded guilty to operating a vehicle in a careless and imprudent manner involving an accident in October 2019. 

 

Continued or scheduled for Oct. 7

Timothy K. Sprague, Gainesville, 1989, charged with unlawful possession of a firearm, delivery of a controlled substance and domestic assault, appeared in custody July 22. Sprague was arrested earlier that day on a warrant after he failed to appear at a July 8 hearing. He was ordered to reappear Aug. 5 for a setting. That hearing was continued to Oct. 7. 

Two violations have been filed in the case. One on June 24 and another July 22. 

Prior Ozark County convictions: Sprague pleaded guilty to two counts of endangering the welfare of a child in March 2011. 

Open case: Sprague is currently charged with second-degree murder, two counts of armed criminal action, robbery and two counts of kidnapping, in an unrelated case. 

 

Heather A. Mangan, West Plains, 1986, who pleaded guilty to possession of a controlled substance in May 2017, appeared for a probation-violation hearing. It was continued to Oct. 7. 

Six violations have been filed in the case. Those citations were filed in April 2017, March 2019, May 2019, August 2019, February 2020 and April 2020.

Probation term: Mangan is on supervised probation through May 2022.  

No prior Ozark County convictions.

 

Archie Vincent, West Plains, 1987, who pleaded guilty to non-support of a child, with total arrears in excess of 12 monthly payments due under a child support order, appeared for a probation-violation hearing. At the hearing, he presented payment stubs from payments he’s made recently. The probation-violation hearing was continued to Oct. 7.

 

Change of venue, judge

Allen R. Shafer, Chipley, Florida, 1987, was arraigned on charges of second-degree murder, two counts of armed criminal action, tampering with a vehicle and unlawful possession of a firearm. His attorney filed a motion for a change of judge and a change of venue. The motions were sustained and the order was forwarded to the Office of State Courts Administrator (OSCA) for judicial reassignment. 

No violations in the case. 

No prior Ozark County convictions.

 

Matthew Neal Collins, Dora, 1980, charged with abuse or neglect of a child and domestic assault, appeared for a plea hearing or trial setting. At the hearing, Carter sustained his motion for change of judge, and the order was forwarded to the OSCA for judicial reassignment. 

Two violations have been filed in the case, on July 6 and Aug. 4. Collins was ordered to serve seven days in jail for the first violation.

Prior Ozark County convictions: Collins pleaded guilty to the traffic offenses of owning a vehicle without maintaining financial responsibility (registration) and failure to comply with ignition interlock device requirements in January 2020.

 

Trial set

Thadeus Humiston, Theodosia, 1965, charged with second-degree assault, had a bench trial, meaning a trial before a judge rather than a jury, scheduled for Dec. 29. A pretrial conference will be held Dec. 9. 

No violations so far in the case.

No prior Ozark County convictions. 

 

Motion to suppress hearing

Phyllip Benjamin Mitchell, Dora, 1985, charged with possession of a controlled substance and possession of marijuana, was scheduled to appear for a motions hearing. Online records indicate the parties stipulated the court needed to decide whether there was probable cause for the stop that led to discovery of a controlled substance. No judgment was listed in online records as to whether Carter ruled on the motion. 

 

Case on the docket with no public available updates

The following case was listed on the July 22 Law Day docket, but it has been sealed to public view through online court records, so an update can’t be included here. 

 

Robert Charles Hudgson, Gainesville, 1979, convicted of possession of a controlled substance, was scheduled to appear for a probation-violation hearing.

Prior convictions: Hudson has been convicted of the following charges: assaulting a police officer in October 2019; Theft or stealing of property or services valued between $500 and $25,000 in March 2012; and two counts of failure to wear a seatbelt in 2016.

Ozark County Times

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