Meth possession charge draws four-year sentence
BERRYVILLE -- Johnny Fay Armer, 21, of Alpena, was sentenced to four years of supervised probation when he pleaded guilty to possession of methamphetamine and drug paraphernalia during county criminal court action Monday morning.
In addition he is to pay $1,450 in costs, fines and restitution and perform 80 hours of community service.
Armer was arrested by a county deputy in a traffic stop on Aug. 12 after he was observed on County Road 811 driving 70 miles an hour in a 45 mph zone.
A check revealed an outstanding warrant out of Boone County, and a subsequence search produced two grams of suspected methamphetamine, a syringe, and a burned spoon. Armer and a passenger were arrested, but charges against the passenger were not pursued as Armer said he did not know about the drug and related paraphernalia.
Armer told Circuit Judge Alan D. Epley that he was no longer using meth, and was cautioned that the state would have him under its thumb for the next four years.
Suzanne Renee Blair, 34, of Eureka Springs, pleaded guilty to possession of drug paraphernalia and two counts of possession of a controlled substance. She was given a suspended sentence of three years of probation and was ordered to pay $1,450 in costs, fines and restitution and complete a 28-day program at Decision Point, a Springdale-based residential drug and alcohol abuse treatment center.
She was arrested on June 9, along with an Eagle Rock, Mo., man, when a Eureka Springs police officer stopped the car she was driving for expired tags. A subsequent search produced both oxycontin and methadone, along with baggies and scales.
A plea agreement by Brandon Lee Badley, 29, of Berryville was complicated by the fact that with two cases he did not qualify for a sentence in which his record could be sealed.
Prosecutor Chris Flanagin moved to amend a May 10, 2005, case to include the charges in a later June 9 case, and to dismiss one count of terrorist threatening from the May 10 charges.
Badley pleaded guilty to two counts of terroristic threatening and a misdemeanor charge of criminal mischief. He was placed on two years of unsupervised probation and ordered to pay $1,450 in costs and fines, with $500 suspended.
The May 10 charge arose from an incident in Oak Grove in which he threatened to kill a man for being with his estranged wife. The June charges stemmed from an incident on County Road 645 when Badley threatened to kill his wife and damaged his vehicle.
Louis Tony Briley, 34, of Berryville was placed on one year of supervised probation after pleading guilty to second-degree forgery. He is to also pay $2,618.22 in costs, fines and restitution, with a $1,000 fine being suspended.
Flanagin stated that Briley's plea agreement takes into account the fact that he did two years in Missouri for the "same pattern of conduct."
In December 2003, Briley used a Reed's Spring, Mo., man's checks at various Berryville area businesses totaling $618.32.
Terry Lynn Newberry, 30, of Alpena, pleaded guilty to reduced misdemeanor charges of assault, battery and criminal mischief, and was ordered to pay $1,200 in fines and costs, with $500 suspended and victim restitution to be determined within 14 days.
Charges were reduced because his actions on July 24 could be construed as to be reckless.
Court records indicated that Newberry allegedly tried to run a woman off the road after she had told him to leave her alone. In the process of the event, he apparently backed into her pickup while she tried to leave.
A charge of felony theft of property against Stephen James Bolerjack, 25, of Berryville, was reduced to misdemeanor unauthorized use of a motor vehicle.
He was ordered to pay $1,760.57 in costs, fees fines and restitution, with $1,000 suspended.
Bolerjack was arrested on April 12 in connection with a pickup stolen from a Berryville car lot on April 3.
Bolerjack stated that he had been at a party on April 2 and did not remember anything until he woke up in the pickup at a Carr Lane, Mo., convenience store, and subsequently reported the incident to the sheriff's office. He maintained that he had nothing to do with the theft, but offered to pay for damages.
Charges of methamphetamine and drug paraphernalia possession against Donald Eugene Thompson, 45, of Green Forest, were dismissed. His attorney, Cindy Baker moved for the record of the case to be sealed, and a hearing on that has been set for Nov. 14.
Thompson was arrested on June 24, after a search warrant was served on his U.S. Hwy. 62 residence and a bag with white crystals inside and various syringes, needles and pipe-related items were found, according to court records.
The case of Mike David Koster, which resulted in a mistrial following a bomb scare on Sept. 29, was brought on track -- sort of -- with attorney Cindy Baker renewing earlier motions with the addition of calling for dismissal, alleging double jeopardy if the case goes back to trial. Koster's Nov. 16 trial date in a separate case centering around the removal of timber from property owned by a Florida resident, was continued to coincide with his 2003 drugs and firearms case.
Three men were arraigned on charges stemming from an early October break-in and theft of a safe at Berryville High School.
Omnibus hearings were set for Dec. 12 for Cody W. Biggerstaff, 19, and Doede Dean McCullough, 18. A 17-year-old will return for arraignment on Nov. 14 after a conflicts attorney is appointed by the Public Defenders Commission.
Other arraignments Monday morning included:
* Joshua Lee Hobson, 24, of Dyersburg, Tenn -- First-degree criminal mischief. He allegedly damaged a house in Eureka Springs while attending a nearby wedding party.
* James Alan Nesmith, 33, of Fayetteville -- Possession of firearm by certain persons and terroristic threatening. The charges arise from a Sept. 28 incident at a Eureka Springs apartment involving a break-up between him and his girlfriend.
* Claude Anthony Ridder, 18, of Green Forest -- Breaking or entering and theft of property. He allegedly stole a mini-bike from a shed on East Fifth Street in Green Forest.
* Troy James Smith, 19, of Berryville -- Felony fleeing. He was arrested on Oct. 12 following a two-state high speed chase in which he was allegedly driving another man's car with a suspended driver's license.
* Rachel Kathleen Poteet, 29, of Green Forest -- Theft of property. She allegedly stole aluminum cast parts and radiators which she sold to a recycling center for $1,221.15.
* James David Villines, 34, of Green Forest -- Second-degree forgery. He and another man were arrested in September in connection with checks written on the account of a Green Forest businessman.
* Denzil Ganes Carter, 33, of Shell Knob, Mo. -- Delivery of methamphetamine. He was arrested in May after allegedly selling meth to a confidential informant.
* Charles Robert Fitzpatrick, 62, of Eagle Rock, Mo. -- Violation of Arkansas' hot check law. He allegedly wrote two bad checks to a Holiday Island business.