County Attorney Releases End-of -Year Case Log

Johnson County Attorney Ken DeCock
Johnson County Attorney Ken DeCock

Kenneth DeCock, the prosecuting attorney for Johnson County, issued his January news release this week, saying his preparations for the Lindstrom trial in December prevented him from sending one out last month, so he would condense November and December's information into this release.

The Lindstrom trial, he referred to, was that of 32-year-old Michael Allan Lindstrom who was found guilty on December 19 of three counts of sexual abuse of a minor in the first degree, three counts of sexual abuse of a minor in the second degree, two counts of aggravated assault and battery, and two counts of sexual assault.

He was accused of inflicting sexual intrusion on two children under the age of 10 and raping his former girlfriend at knife-point. After six days of trial, the jury took just over three hours to return a verdict of guilty on all 10 charges. The mandatory sentence for each of the sexual abuse of a minor charges for Lindstrom is life without parole because he has prior convictions.

He faces sentences of 50 years to life on each sexual assault charge, and a maximum sentence of 50 years for each aggravated assault charge. A sentencing date has not been set, but is expected to be passed down by the end of next month.

In the prosecuting attorney's release about the case, he said, it was
difficult to believe that crimes “this horrific can happen in our small community.” He went on to say, “This case just illustrates that no one, no community, is immune from deviant behavior,” and reminds us to be ever vigilant.

As far as the other court actions handled in the past two months of the year, he said 28 new misdemeanor cases had been filed in Circuit Court in November and 40 in December. He said most were traffic-related with 16 DUIs filed during the two months. Four violent misdemeanor cases were filed during that time, as well.

He also included briefs of the court proceedings during the same time frame, which included guilty pleas from Afton Showalter for check fraud, Christopher Ball for conspiracy to deliver marijuana and Clayton Moffett for possession of marijuana in an amount greater than three ounces.

Details of Court Proceedings:

On November 15, Afton Showalter pled guilty to one count of check fraud. Showalter had signed numerous checks and allowed another person to use them to purchase items. There were insufficient funds in the account to pay for the items. Nineteen checks were
written and totaled in excess of $1,100.

Christopher Ball pled guilty to one count of conspiracy to deliver marijuana on November 18. Charges arose after sheriff’s deputies issued a search warrant for the cell phone of Jacob Schoonover. Deputies located text messages on the phone arranging for the purchase and delivery of marijuana. At the hearing, Ball admitted to purchasing marijuana from Schoonover on several occasions and providing marijuana to friends.

On November 25, Clayton Moffett,18, of Kaycee pled guilty to one count of possession of marijuana in an amount greater than three ounces. Charges arose when officers received a complaint that marijuana was being grown at a ranch west of Kaycee. Investigation
led to the discovery of one large marijuana plant growing in a greenhouse type structure, and close to one pound of possessed marijuana. Pursuant to a plea agreement, the state will recommend Moffett receive consideration for deferred prosecution on the condition he cooperate in the prosecution of co-defendants. Sentencing is set for January 27.

On December 9, Lynnard Immenschuh was sentenced after having previously pled guilty to one count of conspiracy to deliver a controlled substance, marijuana. Charges arose when Immenschuh was arrested on a warrant out of Fremont County and deputies located marijuana packaged for sale in his backpack. Immenshuh advised the court that he had received the marijuana from Jacob Schoonover and was distributing the substance as part of an agreement with Schoonover. Immenschuh was sentenced to three to seven years in prison, which was suspended in favor of 115 days in jail followed by seven years of supervised probation.

On December 9, Lance Sivertson pled guilty to one count of fraud by check after having issued two checks totaling more than $1,000 on a closed account. Pursuant to a plea agreement, the parties will jointly recommend a sentence of three to five years in prison, suspended in favor of five years of supervised probation and conditioned on Sivertson making restitution to the victims. Sivertson had written a check for $500 to The Shop for mechanical work to his vehicle and a second check in the amount of $600 to an individual for the purchase of a motorcycle. After the checks were returned, the investigation revealed the account had been closed since November of 2011. Sentencing is set for February 3.

On December 18, a Johnson County Jury found Frank Gosney of Kaycee guilty of one count of sexual battery. Deputy County Attorney Ryan Wright produced evidence and testimony that Gosney visited the victim at her residence east of Kaycee. When he arrived he left his shirt in his vehicle. In the residence, the victim offered him some iced tea. Gosney then wrapped his arms around the victim grabbing her chest area. The victim told Gosney to stop, but he continued, touching her and ultimately exposing himself. The victim fled her house and hid until law enforcement arrived. Magistrate Paul Jarvis sentenced Gosney to the maximum of 180 days in jail, and fined $1,000. Gosney has to serve 30 days of the jail sentence; 150 days were suspended.

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