Probation violations lead to revocation for ES woman
Criminal cases delayed last week due to winter weather resulted in court action extending into the evening Monday at the Eastern District Courthouse in Berryville.
Janet Faye Brand-Powell, 42, of Eureka Springs, on probation on a 1999 conviction of theft by receiving, was ordered to serve a two-year sentence in the Department of Community Corrections, and complete its therapeutic community program.
The revocation of her probation was based on several violations of her probation, including possession of alcohol, use of methamphetamine and marijuana, changing residence without prior permission of her probation officer, leaving the state without prior approval, and being in the company of a person possessing a firearm.
She was originally convicted for possessing a 14-karat diamond ring, a 30.06 rifle with scope and a 20-gauge single- shot shotgun which had been stolen. The petition for revocation had been amended several times since first filed in 2001.
Circuit Judge Alan D. Epley allowed that if the court ignored the alcohol and drugs, the rest of the allegations in the petition would not amount to much. Still, he said, her behavior has demonstrated disregard of the court's order.
Defense attorney Cindy Baker stated that Powell's offenses did not constitute "a whole new battery" of major crimes. While Powell may not have been forthcoming about her violations, Baker indicated that her honesty in telling the probation officer about them counted for something.
A member of Alcoholics Anonymous familiar with Powell said that Powell appears to be at a point where she is ready to take advantage of the AA program. She further said AA believes persons should assume responsibility for crimes they may have done.
Epley said that it is "somewhat odd to argue to reward her for being truthful" when she has violated her probation.
Probation Officer Chuck Matzenbacher testified that all of Powell's problems seem to stem from drugs and alcohol.
He indicated that a year in the Community Corrections Center would help her in regards to drug use, behavior modification and job skills.
Powell will remain on probation after completing after completing the therapeutic community program for a period of up to five years, with credit for more than 100 days served in jail while awaiting resolution of the revocation proceeding.
Ronnie Glenn Bowen, 46, of Lowell, pleaded guilty to possession of more than nine grams of pseudoephedrine and possession with intent to manufacture (methamphetamine). He was sentenced to four years of probation with state supervision, and is to perform 40 hours of community service. Bowen is to also pay a $1,000 fine, $150 court costs, and $1,000 recommended to the Berryville Police Department Drug Fund.
Prosecutor Tony Rogers indicated Bowen will also assist the Drug Enforcement Agency in other cases.
Bowen and a 45-year-old Springdale woman were arrested on Dec. 17, 2001, after a complaint of shoplifters was received, and a search of the woman's vehicle revealed 1,012 tablets of ephedrine, along with syringes, lithium batteries and other suspected stolen property.
Lucas Donald Patton, 19, of Eureka Springs, pleaded guilty to commercial burglary and theft of property, and was sentenced to three years of state-supervised probation and 60 hours of community service. He is to also pay $150 court costs, $500 restitution to the county in lieu of a fine, a $250 DNA testing and registry fee, and victim restitution of $1,311.88.
Patton was arrested in August 2002 by Eureka Springs police, following a July 20 incident at a Eureka Springs restaurant in which several bottles of alcohol were stolen. Patton apparently attempted to sell some of the stolen alcohol, based on a very long affidavit of probable cause involving interviews with many people from throughout Eureka Springs.
William Eugene Britton, 23, of Berryville pleaded guilty to delivery of a controlled substance (marijuana), commercial burglary and theft of property. He was charged in two cases, one arising from the pawning of a 5x5 rifle pistol at a Green Forest pawnshop, and the second involving a confidential informant buying marijuana from him under law-enforcement supervision.
Britton had been convicted previously of first-degree sexual abuse.
The state dismissed a charge of possession of firearms by a certain person. He was given a six-year suspended sentence with state supervision, and is to enter and complete a Job Corps program. He is to pay $150 court costs, $500 restitution to the county in lieu of a fine, and victim restitution of $360. A DNA sample is not required, as he already has one on file.
Arturo Rios, 30, of Alpena, pleaded guilty to one misdemeanor count and one felony count of driving while intoxicated.
Already convicted of DWI in 1998 and 1999, Rios was also facing a third DWI when, on Jan. 1, 2002, a patrolman in Hugh observed him speeding and caught up with him in Alpena, with Rios driving 60 miles per hour in a 35-mph zone and refusing to pull over.
He was apparently so inebriated that he could not complete a field sobriety test after he was stopped.
He was sentenced to five years in the Department of Corrections with four years suspended, and judicial transfer to the Department of Community Corrections to go to a Regional Punishment Facility.
He is to also pay a $2,000 fine and court costs of $150. A $1,000 transfer bond was approved to allow him to not lose time in jail which would be better applied while he is in treatment.
Speaking through an interpreter, Laticia Medina, also known as Lillian Rey, 42, of Alpena, pleaded guilty to a reduced charge of possession of an instrument of crime, a misdemeanor.
From 1998 to 2001, Medina used the identification of a California woman, and used the alias on employment applications and credit accounts.
She was given a 365-day jail sentence with 364 days suspended and credit for one day served, and is to pay a $1,000 fine and $150 in court costs.
No restitution is owed to the victim, as Medina apparently kept all the bills she ran up paid, according to Rogers. She was advised by Judge Epley to abide by the rules if she wishes to remain in this country.
The presence of Suzi R. Blair, 32, of Eureka Springs was waived for her arraignment on a charge of violation of Arkansas' hot-check law.
Other arraignments included: