Trial set and guilty pleas accepted during law day
Judge Craig Carter processed 13 criminal cases during the July 3 session of the Ozark County Circuit Court.
Trials set
A trial was set in the case of Herbert Palmer, charged with felony failure to appear. A pretrial conference is scheduled for January 2025.
Guilty pleas
Linda Schwalm pleaded guilty to possession of a controlled substance and keeping or maintaining a public nuisance. She was sentenced to SIS, five years probation and ordered to enroll and continue outpatient services. A charge of unlawful possession of drug paraphernalia with prior drug offense was dismissed.
An 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.
Charles Hogue pleaded guilty to unlawful use of a weapon while intoxicated (loaded weapon). He was sentenced to SIS and five years probation.
According to the probable cause statement, prepared by Ozark County Sgt. Seth A. Miller, at 3:27 p.m. Feb. 8, 2024, the Ozark County Sheriff’s dispatch line received a call that reported two individuals in a truck were ramming another vehicle on P Highway near Theodosia, and had fired a weapon toward the vehicle they were ramming.
Miller arrived on scene and spoke with the victims, who said Charles Hogue and another man had rammed their vehicle. After numerous pleas to have him stop ramming the vehicle, Hogue fired a rifle out of the vehicle toward the victim, the statement says. Hogue and the other man left the area traveling north on P Highway toward Theodosia after the weapon was fired.
While patrolling the area, the officer saw a vehicle at Dustin’s Body Shop in Theodosia matching the description he’d received. Hogue was reportedly sitting in the passenger’s seat in another vehicle.
“I pulled into the parking lot and observed Charles holding up his middle finger and yelling profanities in my direction,” Miller wrote.
The officer exited his vehicle and went up to Hogue, asking him if he had rammed another vehicle on P Highway. Hogue said he had, but only because he was “trying to help the victim.” Miller asked Hogue if the victim had asked him to stop, and he said he couldn’t get a clear answer. Miller mentioned that he smelled a strong odor of intoxicants on his person and breath.
Miller told Hogue to put his hands behind his back, but Hogue refused, saying he wouldn’t. Miller and Ozark County Sheriff Cass Martin, who had arrived on scene to help, forcibly put Hogue into restraints and into a patrol vehicle. During a “Terry-Frisk,” the sheriff found a pint container of Kessler whiskey in Hogue’s jacket pocket.
Miller viewed Hogue’s vehicle and found front end damage, a .410 shotgun, empty shell casings and loaded shell casings in the passenger’s side of the vehicle in question.
Once Hogue was at the OCSD, a breath test showed that he had a .165 blood alcohol content.
Warrant issued
A warrant was issued for April Dawn Perry for a probation violation. A hearing is scheduled for 1:30 p.m. July 17. She is alleged to have violated terms of her probation by leaving the Action Recovery Center in Gainesville. She originally pleaded guilty to two counts of possession of a controlled substance and two counts of forgery and received a sentence of SIS, five years probation and ordered to successfully complete the Action Recovery Center program.
Probation violation
Brian William Cuthbertson, who was found to have violated his probation during his June 20 appearance, was ordered to be sent to the Missouri Department of Corrections for four years. Cuthbertson was originally sentenced to SIS and five years probation on the charges of resisting/interfering with arrest for a felony and 30 days incarceration in the Ozark County Jail for failing to register as a sex offender.
Cuthbertson admitted to a probation violation during his appearance June 20 and requested that the court allow him to complete 120 days shock incarceration and receive treatment for substance addiction. He also requested that he be able to empty the mechanic tools in his garage over the weekend and have them sent to his wife’s residence out of the county before being taken into custody.
After an objection by Ozark County Prosecuting Attorney Lee Pipkins and hearing that the judge was ordering him to be taken into custody that day, Cuthbertson began yelling and cursing at the judge and court officers. He attempted to leave the courtroom and was taken into custody and transported to the Ozark County Jail where he remained until his July 3 hearing. As of presstime, Cuthbertson remains in the Ozark County Jail until he is transferred to the DOC.
Continued to July 17
A plea or trial setting for Brandon Guidry is continued to 1:30 p.m. July 17. Guidry is charged with two counts of possession of a controlled substance, unlawful possession of drug paraphernalia, two counts of unlawful possession of a firearm, second degree terrorist threat, damage to jail/jail property, receiving stolen property and resisting/interfering with arrest for a felony. Guidry is currently in the Ozark County Jail.
A plea or trial setting for Christopher Scott Davis is set for 1:30 p.m. July 17. Davis is charged with possession of a controlled substance, unlawful possession of drug paraphernalia with a prior drug offence, stealing and first degree trespassing.
Continued to Aug. 7
A formal arraignment was filed for Gregory Broya Hambelton, charged with first degree harassment, second degree terrorist threat, two counts of fourth degree domestic assault, first offence driving while revoked, and first degree trespass. He is scheduled to appear at 9 a.m. Aug. 7.
Continued to Aug. 14
Mark Kenneth Lowry appeared for a probation violation hearing. Found guilty of second degree domestic assault, Lowry was sentenced in May 2022 to SIS, five years supervised probation, 90 days in jail and ordered to complete an anger management program. Public defender Chase Opolka was appointed to defend Lowry and the hearing was continued to 1:30 p.m. Aug. 14.
A plea or trial setting for Colin Crockett, charged with stealing $750 or more, was continued to 1:30 p.m. Aug. 14.
A plea or trial setting for Timothy Kyle Sprague, charged with two counts of third degree domestic assault, was continued to 1:30 p.m. Aug. 14.
A criminal setting was held for Jimmy Coy Haag, charged with first degree harassment. His case is continued to 1:30 p.m. Aug. 14
Continued to Sept. 4
Jerimiah A. Love appeared with his attorney and reported that he had completed the Turning Leaf substance abuse program. A plea or trial setting is scheduled at 9 a.m. Sept. 4. Love is charged with possession of a controlled substance, unlawful use of a weapon by possessing weapon and a felony controlled substance, first degree harassment, fourth degree domestic assault, second degree property damage, unlawful possession of drug paraphernalia, escape or attempted escape from confinement and damage to jail/jail property.