Archive for the 'Fayette Circuit Court' Category

Teens to be sentenced for roles gang killing

- shopkins@herald-leader.com

Two teens who pleaded guilty in February to charges related to the murder of a fellow gang member in 2007 are scheduled to be sentenced Thursday morning.

Manny Erevia, 16, pleaded guilty to murder and Jose Cruz, 17, pleaded guilty to facilitation to commit murder. Both are expected to appear in Fayette Circuit Court for sentencing Thursday morning.

Luis Quiroz, 19, was found shot in a car on Trailwood Lane on Dec. 21, 2007.

Erevia admitted that he was the one who shot Quiroz. He said he called the victim, met him and told him they were going to commit a robbery, which was a lie. Instead they went to Trailwood Lane, where Erevia called several other men. Erevia got out of his vehicle, walked to the passenger side where Quiroz was sitting and fired a 9mm handgun at Quiroz’s head.

Erevia left in a vehicle with the other men.

Quiroz was taken to University of Kentucky Hospital where he died.

Erevia said Matthew Robey, 27, told him to kill Quiroz, and he had to comply with orders because Robey was at a higher rank within the Latin Kings. Erevia said Julio Varges-Torres, 18, supplied him with the gun.

Robey pleaded guilty last month to first-degree complicity to manslaughter and second-degree unlawful transaction with a minor. He said he ordered gang members to beat up Quiroz, not to kill him.

Vargas has pleaded guilty to criminal facilitation.

Share/Save/Bookmark

Driver who fled fatal UK hit-and-run gets 5 years

- bortiz@herald-leader.com

A Fayette County judge imposed the maximum sentence Friday on a man who was convicted of fleeing the scene of a crash that killed a University of Kentucky freshman last spring.

Connie Blount

Connie Blount

Shannon Houser

Shannon Houser

Shannon Houser, 37, was sentenced to five years in prison for tampering with evidence and leaving the scene of an accident. A jury had recommended six years by asking for the tampering and fleeing sentences to run concurrently, but by law the toughest sentence that Circuit Judge James Ishmael could impose was five years.

Early on April 13, Houser struck Connie Blount, 18, with his pickup. Blount, who investigators have said crossed Broadway against the light, had knelt down in the street, according to testimony.

Blount’s father, Jack, was disappointed that Houser was not prosecuted for murder. He said he’s angry that Houser will be eligible for parole after serving a year.

“Our legal system is a mess,” Jack Blount said.

Police have said that Houser removed the grill and bumper of his truck. But his attorney argued that Houser was not trying to conceal anything, noting that Houser did not wash the truck or try to hide the bumper.

Houser has said that he did not realize that he had hit Blount, who was studying equestrian science at UK.

But Ishmael told Houser on Friday that his explanation defies common sense.

Jack Blount said he will appear before the parole board when Houser is eligible.

“To me, he appears to have accepted no responsibility for what he did,” Jack Blount said. “He just shows no remorse. It is just shocking.”

Share/Save/Bookmark

Woman pleads guilty in shooting of husband, says it was self-defense

- slannen@herald-leader.com

Sandra G. Lubben, 40, was charged with murder in the March 2007 shooting death of her husband, David, at 3505 Greenlawn Road in Lexington.

Sandra G. Lubben, 40, was charged with murder in the March 2007 shooting death of her husband, David, at 3505 Greenlawn Road in Lexington.

A woman pleaded guilty Thursday to reckless homicide in the 2007 shooting death of her husband.

Sandra G. Lubben, 40, was charged with murder in the March 2007 shooting death of her husband, David, at 3505 Greenlawn Road in Lexington. At the time, several family members said he abused her.

On Thursday in court, Lubben admitted she shot and killed her husband, but said it was in self-defense. Reckless homicide carries a maximum penalty of five years in prison.

Lubben’s attorney said there will be a “ton of evidence” showing that Lubben should be treated with sympathy.

She will be sentenced on April 25.

Share/Save/Bookmark

Man indicted in October shooting outside Lexington strip club

- slannen@herald-leader.com
Bobby Douglas Faulkner

Bobby Douglas Faulkner

A Fayette County grand jury has indicted a man for the shooting of a Haitian man outside a Lexington strip club in October.

Bobby Douglas Faulkner, 26, is accused of shooting Ludger Janvier, 32, multiple times in the torso, nearly killing him.
Police found Janvier injured at 2:45 a.m. Oct. 9 on a corner near Russell Cave and New Circle roads — not far from Diva’s Gentleman’s Club on Russell Cave Road.

Douglas, who faces a charge of first-degree assault, is scheduled to be arraigned Friday in Fayette Circuit Court.

Share/Save/Bookmark

Two plead guilty in slaying of gang member

- slannen@herald-leader.comTwo teens pleaded guilty Tuesday for their parts in the murder of a fellow gang member in 2007.

Manny Erevia, 16, and José Cruz, 17, entered guilty pleas and agreed to testify at the trials of two men described as leaders of a local Latin Kings gang.

Julio Vargas-Torres, left, is accused of supplying gun. Matthew Robey is accused of ordering killing.

Julio Vargas-Torres, left, is accused of supplying gun. Matthew Robey is accused of ordering killing.

The pleas were the latest for Fayette County prosecutors who have now netted seven convictions and agreements to testify from men who were present at the killing the night of Dec. 21, 2007. Luis “Mad Dog” Quiroz, 19, was found shot in a car on Trailwood Lane, in a suburban development off Alexandria Drive.

The men are expected to testify at the March 10 trial of Julio Vargas-Torres, 18, and Matthew “King Red Dog” Robey, 27. Police have said the killing was attributed to an “internal issue” in the gang.

In court on Tuesday, Erevia admitted that he was the one who shot Quiroz. He said he called the victim, met him and said they were going to go commit a robbery, which was a lie.

Instead they went to Trailwood Lane, where Erevia called several of the other men, who arrived in another vehicle.

Then, Erevia said, he got out of his car, walked around to Quiroz’s side, said a few words and then fired a 9mm handgun at Quiroz’s head. Erevia took off in the other vehicle. Quiroz died at University of Kentucky Hospital.

Erevia said in court that Robey instructed him to kill Quiroz, and because Robey was at a higher rank within the Latin Kings, “I had to comply with his orders.”

He also said that Vargas-Torres supplied him with the gun. Prosecutors recommended a 20-year sentence without probation.

Cruz pleaded guilty to complicity to commit murder for placing the handgun in the car.

Under the deal with Cruz, prosecutors recommended a five-year sentence and dismissal of an evidence tampering charge.

Judge Ernesto Scorsone scheduled sentencing for both men April 2, after the trial.

Cruz’s attorney, Sally Wasielewski, described her client as a “good kid” despite his conviction. He had attended Lafayette High School before his arrest.

“He just got caught up in the glitz and glamor” of gang life, she said. “He’s sorry he ever heard of the Latin Kings. As far as I’m concerned, the adult who ordered this is the one who should be strung up by his ears.”

Share/Save/Bookmark

Jessamine woman pleads guilty to charge in Spindletop case

- gkocher1@herald-leader.com

Jewell Robbins, the Jessamine County woman who has frequently tangled with regulators for selling shares in the 1901 Spindletop oil strike, pleaded guilty Friday to one count of failing to register with the state to sell securities.

Robbins, 76, also known as Alvina Jewell Burgin, pleaded guilty before Fayette Circuit Judge James Ishmael. She is scheduled to be sentenced April 10.

Jewell Robbins

Jewell Robbins

Ron Bowling, the Lexington attorney who represents Robbins, said his client wanted to get the matter behind her.

“If it had been a fraud count or anything like that, she would not have pled guilty, but the simple fact is that she did not register as a broker, and what’s true is true,” he said. “She has some serious health conditions and she did not feel strong enough to go to trial.”

The maximum penalty is five years in prison, but prosecutor Andrea Williams recommended three years.

“We’re going to argue for probation based upon her age and the nature of the offense, and the fact that she has no criminal record at all,” Bowling said. “The prosecution is not going to oppose probation; they’re going to stand silent on that issue.”

Robbins was indicted in October by a Fayette County grand jury on four felony counts. As part of Friday’s plea agreement, two counts charging Robbins with selling unregistered securities were dismissed, along with another count accusing Robbins of fraudulent sales.

The charges were a result of an investigation by the U.S. Postal Inspection Service and the Kentucky Department of Financial Institutions.

In a statement, DFI commissioner Charles Vice thanked Fayette Commonwealth’s Attorney Ray Larson’s office for prosecuting the case.

“For years, DFI has sought to halt her illegal activities,” Vice said. “Prosecution on criminal charges demonstrates the extent to which Robbins has defied Kentucky’s securities law.”

There are thought to be hundreds or even thousands of people all over the country who invested money with Robbins. The Department of Financial Institutions said Robbins sold shares in baseless lawsuits that attempted to claim inheritance related to the 1901 Spindletop oil strike in Texas.

Spindletop was one of the richest oil deposits on earth and has yielded billions of dollars worth of crude oil since production began.

Bowling said Robbins “really believes that there is money out there owed on these estates.”

Last year, Robbins served all but 16 or 17 days of a 120-day sentence for contempt of court after a Franklin Circuit judge ruled that she had violated his June 2006 and May 2007 orders to refrain from selling securities. The remaining days of the sentence were suspended when the Fayette indictment was issued, Bowling said.

On June 16, 2006, Robbins signed a voluntary, permanent injunction order that barred her from selling any securities, including partial interest in litigation or judgments.

Jewell Robbins, the Jessamine County woman who has frequently tangled with regulators for selling shares in the 1901 Spindletop oil strike, pleaded guilty Friday to one count of failing to register with the state to sell securities.

Greg Kocher covers Jessamine County for the Herald-Leader. Reach him in the Nicholasville bureau at (859) 885-5775.

Share/Save/Bookmark

Houser: I didn’t try to hide anything

- slannen@herald-leader.com

The man accused in the hit-and-run death of an 18-year-old University of Kentucky student told investigators he never intended to kill anyone nor cover-up any evidence.

Connie Blount

Connie Blount

Shannon Houser

Shannon Houser

Shannon Houser, 37, is accused of fleeing the scene and then trying to conceal the evidence after striking Connie Blount with his pickup in the early morning of April 13. Blount, who investigators have said crossed Broadway against the light, had kneeled down in the street before she got struck, according to testimony.

Houser was indicted on charges of fleeing the scene, tampering with physical evidence and marijuana possession. He has said he doesn’t think he did it, and “I don’t know how I could get a fair shake.”

A jury trial continued Thursday in Fayette Circuit Court.

On Thursday morning, prosecutors morning played a recording that a police detective made while interviewing Houser in the weeks after Blount’s death.

Houser told Detective Matt Brotherton that he was headed from his home to his auto shop. He said he saw a young man “wobbling” at the corner of Broadway and Maxwell. He was concerned that the man, Ryan Gish, might step into the street, so he had his eyes on on him as he drove down the road.

That’s when he heard a “thump” and kept driving.

“Honestly, I was trying to avoid something like this,” he said on the recording.

When he arrived at his shop, he saw a dent in his fender, but he was still unaware he had struck a person.

“I didn’t understand I was leaving the scene” of an accident, he said.

Houser also told the detective that he removed his truck’s grill not because he was trying to conceal evidence, but because he had accidentally run into a jack in his garage and damaged the vehicle’s condenser.

“I didn’t do anything to hide anything,” he said.

A forensic scientist also testified Thursday morning that Blount’s sweater fibers were found on the truck’s grill.

Testimony will continue in the afternoon and could wrap up Thursday.

Reach Steve Lannen at (859) 231-1328 or 1-800-950-6397, Ext. 1328.

Share/Save/Bookmark

UPDATED: Judge overrules Ragland’s motion for new civil trial

- bortiz@herald-leader.com

In a tersely worded opinion, a Fayette judge refused Wednesday to throw out a record $60 million in punitive damages against Shane Ragland in the sniper-style shooting death of a University of Kentucky football player in 1994.

“This court … can find no greater act of reprehensibility than the premeditated, senseless killing of a young man about to enter the prime of his life, particularly in light of the purported motive,” Circuit Judge Thomas Clark wrote. “To lie in wait, in the dark of night, and assassinate a person for purportedly being blackballed from a fraternity years earlier, the court can find no greater reprehensible conduct.”

Ragland has admitted to fatally shooting Trent DiGiuro in front of a Woodland Avenue rental house while DiGiuro was celebrating his upcoming 21st birthday. Prosecutors have said Ragland was angry because he wrongly thought DiGiuro had dashed his hopes of getting into the fraternity.

DiGiuro’s family sued Ragland, and in August a jury awarded the family $63.3 million, including $3.3 million in lost wages.

The verdict, if it stands, will be the largest to ever come out of Fayette County and the second-largest ever in Kentucky.

Ragland and his attorneys did not attend the civil trial. But in September, they filed a motion asking for the verdict to be tossed out and requesting a new trial. They claimed the verdict was excessive, despite their earlier offer to settle the case for $50 million.

Clark overruled that motion in an order that became public Wednesday. His order represented the strongest public statements he has made in the eight years that he has presided over the criminal and civil cases.

“It sums up the way I feel,” said Trent DiGiuro’s father, Mike.

It was not clear Wednesday whether Ragland would appeal the ruling. His attorney, David Broderick of Bowling Green, and father did not immediately return phone messages.

The DiGiuro family’s attorney, David Pratt of Lexington, said Ragland would be required to post bond on the $63.3 million verdict.
Ragland’s attorneys have repeatedly claimed that he does not have any assets, so an appeal might be prohibitively expensive for him, Pratt said.

Ragland has 30 days to file a notice of appeal. After that window, the DiGiuros can begin trying to collect the judgment.

The family will have the right to force Ragland to testify under oath, attach liens to property, subpoena financial records and even force others — including, potentially, Ragland’s wealthy father, Jerry — to testify.

Mike DiGiuro said he doesn’t care whether the family ever collects anything. He just wants to make sure Ragland doesn’t live a life of luxury.

“Our goal is to keep him from having money,” said Mike DiGiuro, of Goshen. “I don’t necessarily need it; I just don’t want him to have it.”

The family will try to collect for the rest of Ragland’s life.

“I am going to make sure he never has a day of leisure in his life,” Mike DiGiuro said.

Under Kentucky law, the judgment will balloon at a rate of 12 percent a year until Ragland pays it off, Pratt said. In the first year, that would be an additional $7.5 million in interest owed to the DiGiuros.

Ragland accepted a plea deal in 2007 and pleaded guilty to second-degree manslaughter. His sentence was for time served plus an additional three days of home incarceration.

Ragland, who was arrested in 2000, was convicted of murder in 2002, but the Kentucky Supreme Court overturned the verdict in 2006.

Share/Save/Bookmark

Witness accounts assailed in truck-wash slaying

By Brandon Ortiz
bortiz@herald-leader.com

A defense attorney made an impassioned plea Monday morning on behalf of a Lexington man on trial in the 2003 slaying of a truck driver, accusing a cohort of violent felons of conspiring to pin the blame on his client.

Defense attorney Scott Drabenstadt noted the inconsistencies of prosecution witnesses who accused Marc Buchanan of robbing and killing Carl Gene McClung, a West Virginian, at the Scrub-a-Truck wash on Nandino Boulevard in August 2003. Each witness had pending charges and prior records.

And the details of the witnesses’ stories varied, from minor details like the car driven to the crime scene to glaring inconsistencies like the race of the victim and one of the perpetrators, Drabenstadt said.

“Every one of them is a violent felon. They came in here and they lied,” Drabenstadt told jurors in his closing argument in Fayette Circuit Court. “And they have stolen, temporarily, his freedom. Temporarily — because this jury is not going to let it happen. This jury is not going to stand for this.”

Court recessed shortly before noon for a lunch break. Prosecutors will present their closing argument in the afternoon.

Share/Save/Bookmark

Closing arguments expected Monday in truck wash slaying


By Brandon Ortiz
bortiz@herald-leader.com

Carl Gene McClung, a West Virginian, was asleep in his cattle truck at the Scrub-a-Truck wash on Nandino Boulevard in August 2003 when he was fatally shot three times.

Marc A. Buchanan

Marc A. Buchanan

On Monday, five years after the slaying, a Fayette County jury will hear closing arguments in the murder trial of the man charged with murdering him.

Marc A. Buchanan says he is innocent. A grand jury sided with him once before, dismissing charges in November 2005.

But prosecutors presented their case to another grand jury six months later and won an indictment on murder and robbery charges.

A co-defendant has already been tried and convicted. Jeremy D. Rice, who worked at the truck wash, was convicted of complicity to murder and robbery in September 2006. He was sentenced to 50 years in prison.

DNA on hair found in the truck matched Rice, leading to his arrest in September 2004.

But the alleged shooter, Buchanan, was not arrested until September 2005.

No physical evidence links Buchanan to the slaying, defense attorneys say. Prosecutors are relying on testimony from the jailed associates of Rice, some of whom testified this week in prison jumpsuits.

One witness, Tommy Carpenter, told police that he drove Buchanan and Rice to the truck wash. Carpenter, who claims he did not know of plans to rob anyone, said he heard gunshots and saw Buchanan and Rice run back to the vehicle.

Carpenter, the brother of Buchanan’s girlfriend at the time, was never charged.

But Buchanan’s attorneys say he did not participate in the robbery and shooting. They say he was not even at the scene.

Defense attorneys have accused twin brothers and Rice of carrying out the slaying and using Buchanan as a “convenient schmuck” to take the blame.

One of the brothers, Adrian Brown, testified Thursday wearing a green jail jumpsuit and shackles. Brown had been asked by defense attorneys, who called him as their only witness, to change clothes for his testimony but he refused.

He also refused to be sworn in by Circuit Judge Pamela Goodwine.

“I suppose so,” he replied when Goodwine asked him to swear or affirm to tell the truth.

Brown eventually agreed to affirm he’s being truthful.

Brown testified that he lied to police when he said in 2004 that he saw Buchanan and Rice drive to the truck stop

in a “crack rental,” a car loaned to them in exchange for drugs.

“I was trying to save myself,” Adrian Brown said of his statements to police. “I’d pretty much say anything.”

Brown described the car as a red Ford Escort, contradicting his brother, Arian.

Arian Brown, who was the first to cut a deal with prosecutors, told police they drove a black truck.

Adrian Brown is serving a 15-year sentence for manslaughter, robbery and burglary. Arian Brown was to testify against him at a trial for those cases. Arian Brown got a plea deal for 10 years on robbery and burglary charges connected with other robberies.

In cross examination of Adrian Brown on Thursday, Assistant Commonwealth’s Attorney Traci Caneer said that he had told police that Marc Buchanan confessed to the slaying during the Roots and Heritage festival.

Brown said he doesn’t remember that.

Adrian Brown repeatedly denied remembering his statements to police or anything about the night of the slaying. He blamed it on “medication” that he’s on.

“Does that oath, that affirmation you made mean anything to you?” defense attorney Scott Drabenstadt asked.

Adrian Brown shook his head no.

Share/Save/Bookmark