DWI crash defendant told to pay restitution by next month or ‘bring a toothbrush for prison’

Circuit Judge Craig Carter processed a total of 12 civil cases and 20 criminal cases during the Aug. 3 session of Ozark County Law Day. 

Among the criminal defendants appearing was Albert Lee Stanford who appeared for a probation violation hearing in connection with not paying restitution in his case involving a September 2016 head-on crash that injured Theodosia resident Mark Vincent Layette.  

Carter told Stanford at his last hearing on July 20 that he had to make a payment in the case of $3,695 before Aug. 3. 

When Stanford got to court this time, he told the judge that someone broke into his house and stole all of his money, making it impossible for him to make the payment. Carter ordered Stanford to come back to court on Sept. 7. 

“Have money or bring a toothbrush for prison,” the online court record states, presumably saying failure to make the payment will mean his probation will be revoked, and he’ll be sent to the Missouri Department of Corrections for the remainder of his sentence. 

Stanford was originally given a 7 year suspended sentence and ordered to serve a 120 day shock prison sentence. He was also ordered to pay $4,000 in restitution to the victim in the case. 

Plea and sentencing

Patricia L. Hobbs (see story, page 6, for additional details) pleaded guilty to an amended charge of second-degree assault in one case and possession of a controlled substance in another and was sentenced to 5 years in prison. The sentence was suspended, meaning Hobbs does not immediately have to serve it at this time. If she violates her probation, the judge can execute the sentence and send her to serve the remainder of the sentence in prison. Instead, her immediate punishment is probation. 

Dustin Hudspeth pleaded guilty to an amended charge of second-degree assault pursuant to a plea agreement with the state. He was sentenced to the Missouri Department of Corrections for 5 years. 

Michael S. Szabo pleaded guilty to possession of a controlled substance as part of a plea agreement and was given a suspended imposition of sentence and placed on probation for a term of 5 years. As part of the agreement two additional charges were dismissed. 

Change of venue

Daniel E. Johnson, charged with financial exploitation of an elder/disabled person and stealing $750 or more, appeared with defense attorney Ryan Lawrence Morris. He was arraigned and filed a motion for a change of venue. A plea hearing or trial setting is scheduled for 9 a.m. Sept. 7. 

Trial scheduled

Timothy James Frye, charged with unlawful use of a weapon (exhibiting) and resisting or interfering with an arrest for a felony, had his case set for jury trial Nov. 18. A pretrial hearing will be held at 1:30 p.m. Oct. 19.

Suppression hearing

Betty Ousley, charged with first-degree trafficking drugs over statutory amount, possession of a controlled substance, three counts of unlawful use of a weapon (possessing a loaded weapon and a felony-level controlled substance at the same time), keeping or maintaining a public nuisance and possession of marijuana and unlawful use of drug paraphernalia, appeared with her attorney Jacob Garrett. A suppression hearing was scheduled for 9 a.m. Oct. 27. 

Probation violators

Jeremiah D. Kowerduck, charged with second-degree burglary and stealing ($750 or more), unlawful possession of a firearm and possession of a controlled substance, all in July 2019, appeared for a probation violation hearing. He was continued on probation, which is set to last until March 2024. 

Scheduled or continued to 9 a.m. Sept. 7 Law Day

Blake Dalton White, charged with rape or attempted rape, statutory rape or attempted statutory rape and two counts of statutory sodomy or attempted statutory sodomy, appeared in custody. A bond reduction hearing is scheduled. 

Rhonda Sprague, charged with first-degree assault, two counts of second-degree assault, two counts of armed criminal action, discharging a firearm at a person and unlawful use of a weapon (possessing a loaded weapon while intoxicated) appeared with her attorney. A formerly filed motion for pre-trial release was withdrawn by the defense. Sprague was scheduled to return for a plea hearing. 

Sarah C. Adams, charged with domestic assault (serious physical injury), three counts of abuse or neglect of a child (serious emotional or physical injury), unlawful use of a weapon (exhibiting), two counts of endangering the welfare of a child creating a substantial risk and second-degree domestic assault, kidnapping, had her plea hearing or trial setting continued. 

Aaron Lee Davis, charged with burglary, five counts of stealing a firearm and stealing $750 or more, had his plea hearing or trial setting continued. 

Brian Dunaway, charged with second-degree murder, unlawful use of a weapon (possessing a weapon and felony-level controlled substance), possession of a controlled substance, two counts of endangering the welfare of a child creating a substantial risk and two counts of armed criminal action, was arraigned. He is scheduled to return for a plea hearing or trial setting. 

Dakota Maynard, charged with promoting child pornography to a minor and possession of child pornography, appeared with his attorney. The judge said he’s allowed to go back to the home, even if the alleged victim is present with the condition that he not engage in any further illegal conduct. He’s scheduled to return to court for a plea hearing or trial setting. 

Scheduled or continued to 1:30 p.m. Sept. 21 Law Day

Anthony A. Kutchko, charged with assaulting a special victim and resisting or with an arrest for a felony, had his plea hearing or trial setting continued. 

Scheduled or continued to 9 a.m. Oct. 5 Law Day

Timothy K. Sprague, charged with unlawful use of a firearm and possession of a controlled substance, had his plea hearing or trial setting continued. 

Brandon Cowan, charged with three counts of unlawful possession of a firearm (dangerous felon), appeared with his attorney Jacob Garrett. His plea hearing or trial setting was continued. 

Scheduled or continued to  1:30 p.m. Oct. 19 Law Day

Sandra Coons, charged with second-degree assault and abuse of elderly, disabled or vulnerable person, was arraigned. She is scheduled to return for a plea hearing or trial setting.