By GEORGE KUNKE
SOUTH BEND – Drugs, sex, and assault cases have dominated proceedings in Pacific County Superior Court the past few weeks. Below are several highlights that took place in along with quotes from Chief Deputy Prosecutor for Pacific County Mark McClain.
* Adam K. Bundy was sentenced following his earlier plea to third degree rape of a child. Bundy pleaded guilty to third degree rape of a child and admitted to having sexual intercourse with a female who was under the age of 16. Bundy’s plea agreement resulted in a 12-month prison sentence and requirement that he register as a sex offender and undergo sex offender treatment. Bundy will be under Department of Corrections supervision for 36 months following release and be required not to have contact with underage females.
* Matthew Q. Graham, 50, is charged with child molestation in the second degree and his case is scheduled for a pre-trial hearing. Graham’s bail was set at $50 grand.
* Frederick C. LeClair entered a guilty plea to second-degree assault while armed with a deadly weapon for his conduct involving firing a shot at a log truck driver who, according to LeClair, used his jake-break. "Mr. LeClair received a significant prison sentence for his conduct, forfeited the firearm used and will be on probation following release, which was appropriate for his conduct," McClain said. “Mr. LeClair confronted a log-truck driver who was securing his load on Reload Road. According to the driver, he heard a gunshot and turned to see Mr. LeClair approaching him yelling about the driver’s use of a “Jake-break.” Mr. LeClair asserted that he shot in the air. “Mr. LeClair’s actions were out of control and the resulting prison sentence and strike offense, were warranted.”
* Robert R. Ogilvie, 43, is charged with unlawful imprisonment, theft, assault, harassment, and mischief. Ogilvie was arrested by Raymond Police and had bail set at $115,000. Ogilvie has two matters; the first is second-degree assault (domestic violence) and harassment (domestic violence) and Unlawful Imprisonment (domestic violence). Bail has been set at $100,000 and Ogilvie remains in custody. The matter is set for a pre-trial hearing Sept. 20, 2013 at 1:30 with trial dates in late October.
According to McClain, Ogilvie is alleged to have assaulted his girlfriend, breaking her arm and forcing her to remain by the use of a threat. The second matter involves residential burglary with an aggravating factor, specifically that he committed this offense shortly after being released from custody. The allegation is that Ogilvie, who was being sought by law enforcement, forcibly broke into an apartment in an attempt to flee from arrest, and then jumped out of a second story window of the apartment before being apprehended by law enforcement officers. No bail was imposed in that matter and it is set for a pre-trial hearing on September 20, at 1:30 and trial on November 19. Ogilvie has entered a not guilty plea to the matters.
* Christopher Shaw (assault 2, 3 other charges); Shaw was scheduled for arraignment for one count of second-degree assault. According to McClain, Shaw is alleged to have assaulted another inmate at the Pacific County Jail. The assault resulted in a broken nose. Shaw will presumably enter a not guilty plea and the matter will be set for trial.
* Janelle Shores was charged along with Guadalupe Carrasco for the delivery of methamphetamine. Shores got caught selling to a confidential informant. They are charged together with three counts of delivery of methamphetamine and one count of possession with intent to deliver. The case has been set for trial on delivery, possession with intent to deliver methamphetamine, all within a school bus stop zone. Shores has retained a new attorney. Shores is still in jail with bail set at $50 grand.
* Shelley Marie Stratton, 51, was arrested and jailed on the felony charge of possession of narcotics without a prescription.
* Heather Dawn Church was in court for her pre-trial hearing for several sex offenses involving her conduct with her husband, a case that was resolved last year.
* Robert R. Downard was admitted into the Drug Court Program, which is a 15-month program consisting of weekly court meetings with the Superior Court Judge, County Clerk and Prosecutor and representatives with the Sheriff’s Office, treatment agency and a defense attorney. McClain pointed out, “These meetings ensure a participant is remaining drug free, which is done by random drug and alcohol testing, making progress in chemical dependency treatment, completing their high school equivalency, maintaining employment or college, and paying all legal financial obligations, including restitution to victims. When a participant fails to make successful progress sanctions are imposed, which can include increased treatment, community service or imposition of a jail sentence. When a participant fails a number of times, they are removed from the program and, ultimately, found guilty of their underlying felony matter and the court will impose a jail sentence.”
McClain continued, “I was personally disappointed to see Mr. Downard not make it through this program because he had such a positive attitude, but, in the end, this program is a last-chance program to help people help themselves and avoid a felony conviction.”
In addition to McClain’s duties, he, and the other members of the volunteer Drug Court Program, attend these meetings during their lunch hour and do so without compensation in an effort to reduce jail and prosecution costs.
“Every county employee who participates in this program wants to see those involved succeed, and they work hard with the participants to show them a better way to live — too often participant’s interaction with the court’s and law enforcement has been negative and seen as more of a mill, but we provide encouragement, help them work with housing providers and, when necessary, enforce the rules in a positive way,” McClain said, adding, “but in the end, they are the one’s given one more chance to change, and when they cannot, we ensure they are held accountable.” While Downard will no longer be able to participate in the program, “his sentence will require him to complete treatment through the Department of Corrections,” McClain said, “and this also shows other participants that while we are there to help, we require them to help themselves avoid the conviction.”
* Joseph Nabiel Shawa is charged with failure to register as a sex offender and is expected to enter a guilty plea to that offense. Shawa is required to register as a sex offender as a result of his felony possession of child pornography and he has repeatedly failed to do so, as a result he will serve 22 months in prison, followed by 36 months of community custody. “While there are times to be lenient, Mr. Shawa has demonstrated that is not warranted in his case, especially when he threatened his Community Corrections (officer) and failed, again, to register,” McClain said.
* Alan J. Heckard was in court for a restitution hearing. Heckard is serving a prison sentence for extortion where he threatened his landlord in order to get 3,000 from his landlord.
* Michael Brock, 23, was charged with possession of methamphetamine with an aggravating factor, specifically that he committed this offense shortly after being released from custody. Brock was also charged with use of drug paraphernalia. Brock entered a plea of not guilty plea and the matter was set for trial. Brock’s bail was set at $50,000.
* Michael L. Pedrazzetti had his case set for trial for delivery of methamphetamine and possession with intent to deliver. Pedrazzetti is charged with two counts of delivery of methamphetamine, manufacturing the drug, and possession with intent to deliver methamphetamine.
* Crystal Marie Freeman entered a guilty plea to custodial assault. Freeman had been arrested on an outstanding warrant out of Oregon. When she was booked into jail she became combative and kicked two corrections officers. “Assaulting an officer, including a corrections officer, is a felony and Ms. Freeman’s conduct results in a prison sentence, followed by extradition to Oregon to resolve her felony charges there once she serves her year in prison in Washington,” McClain told the Herald.
* Randall L. Chenowith is charged with possession of methamphetamine and is scheduled for arraignment. No trial date has been set.
* Robert Fanning pled guilty to possession of methamphetamine and received a year in prison followed by community custody.
* Tracy Robbins was in court for a methamphetamine possession case.
|No Related Articles|
You may not be getting all you can out of your browsing experience
and may be open to security risks!
Consider upgrading to the latest version of your browser or choose on below: