Pleas accepted and trial set during OC Law Day
Circuit Court Judge Craig Carter processed 20 defendants during the Feb. 5 session of Ozark County Circuit Court.
On Feb. 3, Chase Opolka, the attorney for Chad Russell McKee, filed a motion to modify the conditions of McKee’s bond. The modification requested that his twice weekly drug testing and house arrest be removed from the bond conditions and that he only have to drug test once weekly. However, on Feb. 4, the court found probable cause to believe McKee violated terms of his bond and issued a capias warrant for his arrest. McKee was taken into custody Feb. 5 and ordered to serve 7 days shock detention in the Ozark County Jail. He is scheduled to appear for a case review at 9 a.m. April 9.
John N. Wiggins appeared with his attorney, public defender Chase Opolka, for a plea or trial setting in one case from 2022 where he is charged with failing to register as a sex offender and for a case review in a second case where he is also charged with failing to register as a sex offender. Wiggins had a mental examination in July 2024 in which he was found incompetent to proceed with answering the charges, and he was committed to the Department of Mental Health. Wiggins appeared with his attorney on Dec. 18 before Judge Carter, and the judge was informed that Wiggins was scheduled to have another evaluation in late January.
When he appeared before Judge Carter on Feb. 5, Opolka told the judge that Wiggins was still found to be incompetent. The court was unsure of why Wiggins was still in Ozark County and not back in the Department of Mental Health. A case review was scheduled for 9 a.m. May 7.
On Feb. 6, a motion was filed and forwarded to the judge which requested continued commitment for Wiggins in the Department of Mental Health. The order for continued commitment was filed Feb. 7 and was forwarded to the Department of Mental Health and the Ozark County Sheriff’s Department on Feb. 10. Wiggins remains in the Ozark County Jail.
On Feb. 3, Carl E. Foster was found to have violated the terms of his probation and was ordered to serve seven days shock incarceration in the Ozark County Jail and a probation violation hearing was scheduled for Feb. 5. At that time, Foster was to ordered to complete his shock incarceration and be continued on probation.
Guilty pleas
Thomas Stephen Pettit (see above) pleaded guilty to possession of a controlled substance, a class D felony. He was sentenced to 7 years in the Missouri Department of Corrections. Pursuant to a plea agreement, two additional charges of possession of a controlled substance and a charge of unlawful possession of drug paraphernalia with a prior drug offense were dismissed. Pettit remains in the Ozark County Jail awaiting transport to the Missouri Department of Corrections. (See story above)
Jared Johnston (see above) pleaded guilty to charges of second degree drug trafficking, a class C felony. He was sentenced to 10 years in the Missouri Department of Corrections under Missouri Revised
Statute 559.115. Pursuant to a plea agreement, the charge of unlawful possession of drug paraphernalia was dismissed. Johnston remains in the Ozark County Jail awaiting transport to the Missouri Department of Corrections. (See story on page 5).
Lori Shannon Collins pleaded guilty by way of Alford plea to first degree tampering with a motor vehicle and leaving the scene of an accident resulting in death, both class D felonies. Pursuant to a plea agreement, Collins was sentenced to 7 years in the Missouri Department of Corrections on each count, to be served consecutively, a total of 14 years. She was sentenced under Missouri Revised Statute 559.115, which means that she is only ordered to complete a 120-day shock prison sentence and then released on probation. The sentences will act as a “back up,” and if she violates her probation, the judge has the authority to execute both sentences and send her back to prison. (See story in the Feb. 12 edition of the Ozark County Times) She remains in the Ozark County Jail awaiting transport to the Missouri Department of Corrections.
Jennifer Grace Wilbanks pleaded guilty to non-support of a child with total arrears in excess of 12 monthly payments. She was sentenced to SIS, 5 years supervised probation with child support payments of $478 per month and ordered to pay court costs. SIS, or suspended imposition of sentence, means the defendant is placed on probation for a period of time. If the defendant follows the terms of their probation, at the end of the probation period the court will close the case and they will not have a criminal conviction on their records. However, if the defendant violates the probation, a full sentence may be invoked. Wilbanks admitted that from Dec. 1 2020, to March 26, 2021, she failed to make adequate child support payments as ordered.
Trial scheduled
A trial was scheduled for Christopher Scott Davis who appeared with his attorney, public defender Chase Opolka, for a plea or trial setting. According to the online records, a pre-trial conference is scheduled for 9 a.m. June 4. Davis is currently in the Douglas County Jail. He is charged with possession of a controlled substance, unlawful possession of drug paraphernalia with prior drug offense, stealing and first degree trespassing.
Not guilty pleas
Clinton Donahue waived formal arraignment and reading of the charges and entered a plea of not guilty to charges of first degree property damage, first degree harassment and armed criminal action. He is scheduled to appear for a plea or trial setting at 9 a.m. April 9.
Benjamin Hutchinson waived formal arraignment and reading of the charges and entered a plea of not guilty to aggravated DWI. He is scheduled for a plea or trial setting at 1:30 p.m. Feb. 19.
Brandon Wayne Twyman waived formal arraignment and reading of the charges and entered a plea of not guilty to the charge of first degree harassment. He is scheduled to appear for a plea or trial setting at 9 a.m. March 5.
Miriah Christine Bennett waived formal arraignment and reading of the charges and entered a plea of not guilty to the charge of possession of a controlled substance except 35 grams or less of marijuana/synthetic cannabinoid. She is scheduled to appear for a plea or trial setting at 1:30 Feb. 19.
Warrant issued
A capias warrant was issued for Timothy William Kendrick when he failed to appear for a plea or trial setting as scheduled before the court. A capias warrant is a court order that authorizes law enforcement to arrest and detain a person who is charged with a crime or has failed to comply with court orders. After Kendrick is in custody, he will be held with no bond pending trial. As of press time, Kendrick has not been arrested.
Continued to Feb. 19
A pre-trial conference for Adam D. Bartlett Jr. was canceled and he is scheduled for a plea hearing at 1:30 p.m. Feb. 19. Bartlett is charged with the class E felony of resisting arrest/detention/stop by fleeing and creating a substantial risk of serious injury or death to any person, and the misdemeanor charges of operating a motor vehicle in a careless and imprudent manner and two counts of stealing with a value less than $150 and no prior stealing offenses.
The probation violation hearing for Kandace Newton was continued to 1:30 p.m. Feb. 19.
Taylor French appeared with her attorney, public defender Chase Opolka, for a probation violation hearing. The judge ordered her to be screened for drug court and she was remanded into the custody of the Ozark County Jail. She is scheduled to appear for a hearing at 1:30 p.m. Feb. 19.
The plea or trial setting for Sandra Coons is continued to 1:30 p.m. Feb. 19. She is charged with second degree drug trafficking, possession of a controlled substance and two misdemeanor counts of unlawful possession of drug paraphernalia. Coons remains in the Ozark County Jail.
A plea or trial setting was canceled and a plea hearing is scheduled for 1:30 p.m. Feb. 19 for Darin Van Evans. He is charged with persistent DWI.
Continued to March 5
Julia Anne Lesh had her probation violation hearing originally continued to 1:30 p.m. Feb. 19. However, public defender Chase Opolka filed a motion to withdraw from the case on Feb. 13. His motion was sustained and Adam Woody filed as Lesh’s defense attorney. Her probation violation hearing was rescheduled to 9 a.m. March 5.
The probation violation hearing for Daniel Eric Johnson was rescheduled for 9 a.m. March 5. On Feb. 4, Johnson’s attorney John Adamik Jr. filed a motion to withdraw from the case. Johnson informed the court he had retained different counsel.
The probation violation hearing for Andrew Brandt Clay was rescheduled for 9 a.m. March 5.