Two Arraigned in District Court
Judge John Fenn sat before several cases in 4th Judicial District Court Tuesday, including two arraignments. 30-year-old Johnie Garner, represented by Erin Wardell, was arraigned on five felony counts for incidents that took place between April and September 2009 while she was employed by UPS in Sheridan.
Count 1 is for Delivery of a Schedule 1 Substance – Morphine to Samuel Barton; Count 2 is for Delivery of a Schedule 4 Substance – Tylox to Samuel Barton; Count 3 is for Delivery of a Schedule 4 Substance – Hydrocodone to Samuel Barton; Count 4 is for Delivery of a Schedule 4 Substance – Vicodin to Samuel Barton; and Count 5 is for Conspiring to Commit Felony Larceny with Randy Mortenson to steal over $1,000-worth of outbound and inbound prescription drugs from the UPS center and pharmacies around Sheridan.
Counts 1 and 5 each carry a potential sentence of up to ten years in prison, a fine of $10,000 or both. Counts 2, 3 and 4 each carry a potential sentence of up to two years in prison, fines of $2,000 or both.
Garner plead “Not Guilty” to all five counts. Prosecutor Dianna Bennett estimates Garner’s trial to take two days. Judge Fenn set it as a #3 stack trial for December 1 and 2, 2010, with a Pre-Trial Conference scheduled November 2nd.
Also arraigned: 64-year-old Myrna Loomis, who plead “Not Guilty” on one count of Felony Larceny. Loomis is charged with stealing $1,000 or more worth of property and money from Hugh K. Batty between the year 2000 and February 2009.
A 2-day #4-stack trial has also been scheduled for December 1 and 2, 2010, with a Pre-Trial Conference scheduled for November 2nd.
Felony Larceny carries a potential sentence of ten years in prison, a $10,000 fine or both.
Fuller Kidnapping Trial Postponed
Sheridan County Attorney Matt Redle entered a State’s Motion to Continue Jury Trial in 4th Judicial District Court Tuesday on the case concerning Kevin Fuller, who is alleged to have kidnapped his girlfriend in August of 2009. Several delays have prolonged the case getting to trial, and the latest scheduled date of August 4th finds Redle unavailable because of a previous commitment to attend a conference out of town.
Judge Fenn told Redle that while he has no problem trying to accommodate a change, finding an alternative date will be a challenge because of the full court docket between now and the beginning of December. Fuller’s attorney, Ryan Healy, told the Court that his client objected to postponing the trial because he’s already been in jail eleven months. If any of the 5-stack cases scheduled for August 25th do not go to trial, the Fuller trial may be put there; otherwise, a tentative date has been picked for two days during the week of October 4th.
Reuter Motion to Modify Bond on Hold
Eric Hevenor, representing defendant Kyle Reuter, entered a Motion to Modify Bond in 4th Judicial District Court Tuesday. Reuter, age 23, has been in the Sheridan County Detention Center – or in Hevenor’s words, “rotting in jail” -- for nine months, partly because, he said, Reuter’s bond was set excessively high at $20,000.
Reuter has been charged with Possession of Child Pornography, and was to have his case go to trial in May. However, per Hevenor’s request for a competency evaluation, his bond was kept at $20K and he’s remained incarcerated at the DC. At the time, Judge Fenn told counsel that they were at the mercy of the State Hospital’s schedule, and as of Tuesday, the Court-ordered report was overdue.
Prosecutor for the State, Dianna Bennett, told Judge Fenn that while she didn’t feel Reuter was necessarily a flight risk, she did feel that the higher bond is appropriate given that he is a danger to the community. In fact, she said, while Reuter had been out on probation, he’d gotten a hold of a computer and downloaded illicit material involving children. She added that recently – referring to the Huntley Rinck case – another person had just been sent to prison on the same charge.
Judge Fenn told the Court that until he receives the Competency Report from the State Hospital, he will refrain from making a decision on whether to reduce Reuter’s bond. Reuter was then taken back to the jail.