Monthly Archive for August, 2008

Family: Inmate didn’t get help he needed

By Jillian Ogawa
jogawa@herald-leader.com

PARIS — Daniel Trimble tried to slit his wrists with a razor blade shortly after he was booked at the Bourbon County jail last fall. Jail officials sent Trimble to the Comprehensive Care Center for a mental evaluation, according to documents filed in Bourbon Circuit Court.


David E. Hanna, a clinical psychologist, wrote in a letter to a judge last September that the 28-year-old was a high-risk inmate for suicide. Trimble had been admitted to Eastern State Hospital multiple times, had tried to hang himself at least once, and had paranoid delusions, “believing that guards and police planned to kill him.”
The letter added: “Jail staff should be aware of the possibility that he would use anything he has in his possession as a weapon against himself.”
On Feb. 15, Trimble was found dead in his cell, hanging from a bedsheet.
The circumstances surrounding Trimble’s death are now under investigation by state police, who appear to be focusing on how jail officials handled the case.
Trimble’s family members say they’re troubled by the jail’s actions before and after Trimble’s death.
“When I went out there … for people not even to say ‘We’re sorry for your loss,’ and they just look at you and basically throw stuff in your arms and push you out the door; they don’t care, they don’t care about anyone in there,” said Samantha True, 26, Trimble’s sister, who went to the jail after her brother’s death to get his belongings. “And I know that people think people in jail are bad, but people make mistakes and they are human.”
Police have released few details about the investigation, and jail officials will not discuss it.
An affidavit for a search warrant, filed this month in Bourbon District Court, alleges that on the day of Trimble’s death, Jailer Tony Horn asked Chief Deputy Jailer Sandy Dotson to delete an e-mail alerting staff to Trimble’s request for medical care.
The affidavit also alleges Dotson asked a jail deputy to fill out a suicide-watch report after Trimble - who had been booked at the jail since Aug. 7, 2007, on a charge of fourth-degree assault - died.
Trimble’s mother, Charlene Morris, 46, was at times overcome with emotion as she and True talked about her son’s death.
Trimble’s ashes rest in a box on an end table in the living room. His mother plans to put them in an urn in the Paris cemetery when the family is able to afford it.
Trimble was the oldest of three children. He grew up in Paris and liked the outdoors, fishing, and drawing. Morris still has a drawing Trimble made on the back of an envelope: two hands holding a cross with the words “in God’s hands.”
Trimble’s family contacted Michael Cooper, a Louisville attorney, shortly after Trimble died, because “we just want to find out what happened because we think that’s what my brother deserves,” True said.
Cooper said his office has hired a private investigator to look into the case.
“While we had turned up a lot of the information, I think the KSP investigation has really now solidified what occurred at the jail with regards to Daniel’s death,” Cooper said.
Despite warnings that he was a suicide risk, Trimble was placed in an isolated cell with a sheet, Cooper said. He used the sheet to hang himself from a vent, Morris said she was told.
Morris said she was told by a former inmate who was in the cell with her son that the jail could not afford $600 for Trimble’s medication and stopped giving it to him. If his medication was out of balance or denied, Cooper said, it could have led to Trimble’s suicide.
Cooper said he has some of Trimble’s medical records and was still investigating whether Trimble had been denied medication.
Dotson declined to comment through a jail staff member. Horn declined to comment about the investigation, but in a previous interview he told a Herald-Leader reporter, “I’ve done nothing wrong, personally.”
No charges have been filed against anyone at the jail.
Bourbon County Judge-Executive Donnie Foley did not return phone messages.
According to records from the Administrative Office of the Courts, Trimble had an extensive felony and misdemeanor criminal history dating back to 1999. He had been in and out of jail for an array of charges such as domestic violence, alcohol intoxication and drug possession.
Three days before he was found dead, Trimble had been indicted for second-degree assault against another inmate and threatening Judge Vanessa Dickson.
An emergency protective order was filed last October by Morris, who said Trimble threatened her, True and his brother. The three cases were dismissed after his death.
Morris said she believes her son’s criminal and violent past was due to his mental illness. Trimble should have been in a hospital to get the help that he needed, she said.
“If he took his medicine, he wouldn’t have done the things he done,” Morris said.
Despite her brother’s record, True said, “I just want them to know that my brother was not a bad person.”
“He made mistakes and, yes, he was in jail, but everyone is human and everybody makes mistakes … who is to say that he wasn’t going to change his life?” she said. “We’ll never know because he’s not here with us. They took that from us.”

  • View the search affidavit here.
  • View the search warrant here.

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Former jail guard trainee avoids jail

The Associated Press

COVINGTON — A former jail guard trainee who falsely arrested a man in a northern Kentucky bar has avoided going to jail.

The Kentucky Enquirer reported 26-year-old Melanie Murray has been given three years of diversion and fined $250.

Murray pleaded guilty to impersonating a peace officer, unlawful imprisonment and terroristic threatening.

Prosecutors said Murray was being trained as a Kenton County Jail guard and did not have arrest powers when she handcuffed a 22-year-old man in a bar in April, took him into an alley, then became ill.

The man was able to get Murray’s keys and free himself, then called police.

Officers found Murray passed out in the alley.

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Driver criminally charged in triple fatal crash

The Associated Press

DAWSON SPRINGS — Kentucky State Police have criminally charged a Madisonville woman in a crash that killed three people in June.

A news release from state police says 23-year-old Meagan Gibbs is charged with three counts of second-degree manslaughter, assault and wanton endangerment.

The charges follow a June 9 crash on Kentucky Route 109 just north of Dawson Springs in which 34-year-old Penny Garrison and 12-year-old Jordan Duke of Dawson Springs and 64-year-old Beverly Lopez of St. Charles were killed.

Police said Gibbs’ full size pickup truck crossed the center line and struck the compact pickup truck that carried those who died.

Gibbs and her 1-year-old son Avery Gibbs were treated at a hospital and released following the crash.

Hopkins County court records did not list an attorney for Gibbs.

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Police seek three suspects in church burglaries

By Jim Warren
jwarren@herald-leader.com

Lexington police are looking for three suspects in a series of burglaries at churches on Lexington’s Eastland Parkway.

Officers released photographs of the three men that were snapped earlier this week by a surveillance camera at a Thornton’s gas station on Winchester Road.

Church day care suspects

Church day care suspects

Police suspect that the three men in the pictures are the church burglars, based on stolen items that were found on the property of the gas station and photos taken by surveillance cameras at one or more of the locations that were burglarized, authorities said.

According to police reports, the Christ Centered Church, Our Redeemer Lutheran Church, and Aldersgate United Methodist Church all have been burglarized recently, along with The Big Blue Bird Early Childhood Center. All are on Eastland Parkway.

The suspects also might be involved in an attempted burglary Thursday at Lexington United Baptist Church on Rockwell Road, police said.

Police said surveillance cameras took some indistinct photographs during the recent burglaries.

But a break came earlier this week, when police received a tip that some items taken in the recent burglaries had been left on the property of a gas station on Winchester Road. Police haven’t described the items.

Police then checked pictures taken by surveillance cameras at the station and identified three men thought to have left the missing items.

Anyone knowing the suspects is asked to contact the Lexington Police Department.

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10 charged in beating of Floyd inmate

By Cassondra Kirby-Mullins
ckirby@herald-leader.com

Police have charged 10 Floyd County inmates — including a former social worker — with severely beating an inmate who pleaded guilty early this month to sexually abusing a minor.

Terry Fisher, 44, is unresponsive and bleeding from his brain at Cabell Huntington Hospital in West Virginia, where he has been since the beating more than two weeks ago, said Prestonsburg Police Detective Steve Little, who is investigating the incident.

Jail officials thought Fisher, of Wheelwright, was having a seizure when they found him lying in his cell just after midnight on Aug. 10, Little said. When they went to help him, however, they realized he had been beaten.

Little said inmates attacked Fisher because he was charged with sexual abuse of a minor. Fisher pleaded guilty on Aug. 5 to third-degree unlawful transaction with a minor and third-degree sexual abuse, according to court records. The age of the minor wasn’t immediately available.

Inmates attacked Fisher with their hands and feet, Little said.

Jailer Roger Webb said Fisher was separated from the typical jail population and placed in an area of the jail with inmates who are charged with similar crimes. However, the jail also places informants and other inmates charged with abuse in that area of the jail.

Fisher has a feeding tube and a tracheostomy tube, which creates a direct airway opening through the neck into the windpipe, Little said.

Charged with first-degree assault are: Ivan Gunnels of Floyd County; Matthew Ritchie of Garrett; Stephen Jervis of Endicott; Michael Rolan and Kevin L. Woods of Allen; Larry T. Adkins II of Louisville, and Christopher Newsome of Harold.

Newsome was a social worker in Floyd County before he was arrested for fraudulent use of credit cards, Little said.

First-degree assault is a Class B felony punishable by 10 to 20 years in jail.

Charged with fourth-degree assault are: David L. Johnson of Wayland; Ronald E. Spurlock of Waverly, Ohio, and Kenneth J. Paige of McDowell.

Paige, Woods, Rolan, Jervis, Newsome and Ritchie were arraigned in Floyd District Court Thursday. Paige entered a guilty plea and will be sentenced on Sept. 2. The remaining five pleaded not guilty. A preliminary hearing will be held on Sept. 2 at 1:30 p.m.

Police have not yet arrested Johnson, Spurlock, Gunnels and Adkins. They were released from jail before charges were filed.

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2 escapees from minimum security facility caught

The Associated Press

Two inmates who escaped from a Frankfort minimum-security prison earlier this week have been caught.

The Messenger-Inquirer of Owensboro reported one inmate, 53-year-old John Alstatt, was arrested outside the Central City Wal-Mart on Thursday without incident.

Muhlenberg County Sheriff Eddie Perry says Alstatt and 28-year-old Robert Fritz on Monday had walked away from the Frankfort Career Development Center. Police in Evansville, Ind., say Fritz was apprehended in that city Tuesday after police spotted him in a stolen pickup truck.

Alstatt had been serving a seven-year sentence on a theft charge. Fritz was serving a 10-year sentence on charges of possession of a forged instrument and fraudulent use of a credit card.

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KSP hit as 31 officers retire

By Beth Musgrave
bmusgrave@herald-leader.com

The “thin gray line” of the Kentucky State Police is getting much thinner.

Since the beginning of this year, 31 sworn officers have chosen retirement, leaving the state police with its smallest force in at least five years.

The agency now has 931 sworn officers, down significantly from the 1,013 it had in 2005. And it’s going to get worse.

“There tends to be a secondary wave of retirements at the end of the year,” said Lt. Phil Crumpton, a spokesman for the Kentucky State Police.

Meanwhile, it remains uncertain whether the state will find funding to train a new class of recruits in January.

Police Commissioner Rodney Brewer will present his case for the new class Tuesday to the Kentucky State Police personnel board, just one step the police must take to get new recruits.

It’s unclear how much it would cost to train new officers. Recruit classes vary. Last year, there were 61 new police officers, Crumpton said.

KSP post officials say that because the retirements have been at nearly every one of the state’s 16 police posts and in nearly every division — patrol, detectives and commanders — no one area is feeling the pinch more than others.

Yet.

“We’re not hurting right now,” said Trooper Walt Meachum at the Harlan County post, which has had four officers retire, bringing the number to 49. “Our post is not as bad as some other posts.”

Meachum and others say that without new recruits next winter, the state police could be in trouble.

“You always need more people,” he said. “We have about 930 sworn personnel … and we have 120 counties in this state.”

And in many of those smaller counties, which have few big cities and only two or three sheriff’s deputies, the state police answer the bulk of the emergency calls.

The downturn in the number of police officers comes as the force is celebrating its 60th anniversary.

It was in the 1960s that the state police were given the nickname “thin gray line,” reflecting that the agency was one of the few that wore gray uniforms and drove gray vehicles.

In the late 1970s and early 1980s, there was a push to hire more police officers as the state police added more divisions. Many of those officers are now retiring, Meachum said.

But the state police is not the only state agency facing many retirements.

By mid-August, more than 2,800 of the state’s 33,000 employees had chosen to take retirement and cash in on enhanced retirement benefits designed to lure more people off the state’s cash-strapped payroll.

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Ron Berry, convicted sex offender, gets partial pardon

By Brandon Ortiz
bortiz@herald-leader.com

Gov. Steve Beshear has restored the right to vote and hold office to convicted child molester Ron Berry, the former head of the defunct Micro-City Government youth program.

The partial pardon, which was signed on Aug. 20 and filed Wednesday in Fayette Circuit Court, does not restore Berry’s right to own a gun or serve on a jury.

Berry, 64, was convicted of 12 counts of sodomy with 12- to 16-year-old boys in 2002. He completed a three-year prison sentence at Northpoint Training Center in 2005.

A Lexington lawyer who was instrumental in Berry’s downfall was flabbergasted by the news.

“I’m legitimately at a loss for words on this one,” said Gayle Slaughter, who represents several people who say they were sexually abused by Berry. “I guess it is good to know which side of the fence the governor is on in this battle against this scourge on society.”

Slaughter said she doesn’t mind allowing Berry the right to vote. “But I think allowing him to seek public office is a bit much,” she said.

In Kentucky, the governor must intervene for felons to have their civil rights restored.

A spokesman for Beshear said the governor, as a matter of policy, automatically approves the partial restoration of civil rights if applicants have served their sentence, paid restitution and have no outstanding warrants.

Having the right to vote automatically grants someone the right to run for office, spokesman Jay Blanton said.

Prosecutors can object to the partial pardon, and Beshear actually doubled the amount of time prosecutors have to review the cases, Blanton said. Prosecutors have objected in 56 instances, and in each case the governor refused to restore civil rights, Blanton said.

In Berry’s case, prosecutors did not object. He was prosecuted by Fayette Commonwealth’s Attorney Ray Larson’s office.

Blanton said Berry’s application was forwarded to Larson in June.

Larson says he didn’t see it. If he had, he would have objected, he said.

“We object to people who kill people, and people who are sex offenders,” Larson said. “And I just obviously didn’t see it.”

He said it is too late for him to object now.

Larson did not have an explanation for why it did not reach his desk.

In March, Beshear, a Democrat, streamlined the process to make it easier for felons to have their rights restored. The move was praised by the League of Women Voters, the NAACP and some Republicans, including Secretary of State Trey Grayson, Blanton said.

The previous governor, Ernie Fletcher, did not automatically restore rights and required written essays.

Berry did not return a phone message seeking comment. Phone calls to a handful of his supporters were not returned.

Micro-City Government, which was founded by Berry in 1969, provided summer jobs and educational programs for disadvantaged youths, hosted dances and parties for the teens, and offered free lunches in impoverished neighborhoods. Berry led Micro-City until 1997, when allegations against Berry became public.

Micro-City was dissolved in 1998.

More than 160 people have sued the Urban County Government, claiming city officials ignored or concealed information that Berry was molesting under-age boys and girls for decades.

The lawsuits alleged that officials allowed the abuse to occur because Berry, once a prominent and powerful black leader, could deliver the black vote for them.

Slaughter said the partial pardon confirms what Berry’s critics have long said.

“Ron has friends in high places,” Slaughter said. “I guess Steve’s trying to get another vote.”

Replied Blanton, “I think that is a ridiculous assertion.”

“We apply the same standard for everyone,” he said. “It is irresponsible to make such a statement.”

Reach Brandon Ortiz at (859) 231-1443 or 1-800-950-6397, Ext. 1443.

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Police look for ties in church…

Police look for ties in church break-ins
http://tinyurl.com/5z2wky

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City settles overtime lawsuit with jail officers

By Beth Musgrave
bmusgrave@herald-leader.com

The city has settled a lawsuit about overtime pay for more than 300 current and former Fayette County Detention Center corrections officers.

The details of the settlement — including the total amount — will not be made public until a hearing next week before U.S. District Judge Jennifer Coffman, who must approve the agreement.

Attorney Tom Miller, who represents the corrections officers, confirmed Thursday that the lawsuit was settled earlier this month.

The lawsuit alleges that the city engaged in longstanding, widespread and multiple violations of the federal Fair Labor Standards act and the Kentucky Wage and Hours Act.

Corrections officers were often asked to perform job duties while on their 20-minute lunch breaks but were not paid for the breaks. Officers also were not paid if they had to come in early or had to stay after their eight-hour shifts. Some higher-ranking officers at the jail were required to take compensatory time — additional hours off — instead of overtime.

As part of the settlement, the jail must change its policies to pay people for their lunch breaks if they are required to work, Miller said.

The city had argued that it had not knowingly violated any federal or state labor laws. But the city lost on several key motions — including whether the case could be opened to all current and former jailers.

Eventually, 316 current and former corrections officers joined the lawsuit. Those officers will receive some compensation for previously worked overtime. The formula for providing back pay has not yet been made public.

Susan Straub, spokeswoman for Mayor Jim Newberry, declined to comment on the settlement.

The settlement is just one of many legal troubles surrounding the Fayette County Detention Center. Earlier this year, four current officers and one former officer were indicted on charges that they beat inmates at the facility and then covered it up.

Also, the jail has been named in several civil lawsuits filed by former inmates who allege abuse at the hands of guards.

Miller said the settlement is final but must be approved by Coffman. A hearing is scheduled for Sept. 4 in federal court in Lexington.

Miller said corrections officers are finally getting what has long been due.

“These are people that are educated, dedicated, hard-working, loyal, underpaid and very smart. They do a job that I could never do myself,” Miller said. “That’s the reason that my law firm accepted this job. It’s because we believed in the people, and we believed in their cause.”

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