Archive for the 'Courts' CategoryPage 2 of 14

Man charged for posing as doctor

- slannen@herald-leader.com

A Mount Sterling man scheduled to appear in court Wednesday afternoon on charges he practiced medicine without a license.

Dean Alan Willoughby

Dean Alan Willoughby

Lexington Police on Tuesday arrested Dean Alan Willoughby, 43, and charged him with practicing medicine without a license, a felony.

Willoughby is to be arraigned Wednesday in Fayette District Court.

According to an arrest report, a person paid Willoughby $50 to perform a physical. A second person was paid $20 for a referral.

Both people told police they thought Willougby was a licensed physician. He has no medical license, according to the state medical board of licensure.

A call to Willoughby seeking comment was not immediately returned.

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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.”

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Man: ‘I got high on pills and stole a golf cart’

Brian Smith
Register News Writer
The Berea man accused of stealing a golf cart from St. Joseph-Berea hospital by having his son drive it back to their home pleaded guilty to theft by unlawful taking, obscuring the identity of a machine and unlawful transaction with a minor charges Thursday.

Danny J. Thacker, 35, will serve two years in prison for the Nov. 7 theft in which Thacker’s 15-year-old son drove the golf cart to their home on KY 1016 after Thacker took the cart from the hospital.

Read the full story at the Richmond Register.

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Arguments heard in fen-phen case

- bortiz@herald-leader.com

FRANKFORT — Opening statements were under way in the retrial of two Lexington area lawyers accused of taking $94 million that should have gone to 440 clients, who had sued the maker of the diet drug fen-phen.

Shirley Cunningham Jr. (left), William Gallion (right)

Shirley Cunningham Jr. (left), William Gallion (right)

Lawyers for the federal government and the defendants, Shirley Cunningham Jr. and William Gallion, made small tweaks to their case from a trial last summer, which resulted in a hung jury and a mistrial. Another defendant, Melbourne Mills, was acquitted.

Cunningham and Gallion are accused of conspiracy and wire fraud over the 2001 settlement of a lawsuit against the maker of the fen-phen diet drug. fen-phen, which was recalled after some studies indicated it could cause heart damage. The lawsuit was settled for $200 million.

As they laid out their case Wednesday in U.S. District Court, prosecutors spent more time explaining class-action law — a subject that many lawyers find difficult to understand.

Prosecutors say Cunningham and Gallion — and their staff — disregarded ethics rules by refusing to disclose the gross amount of the settlement to their clients, paying them less than they were entitled to under the settlement, and falsely telling clients that they would go to jail if they told anyone what they received, Assistant U.S. Attorney Laura Voorhees.

The lawyers used the settlement-confidentiality clause to keep their clients in the dark, Voorhees said.

“They used this provision like it was a club,” she said.

Under their contracts with clients, Cunningham and Gallion were entitled to one-third of the settlement. They took nearly half of it, Voorhees said.

The lawyers also are accused of wrongfully diverting $20 million of the settlement into a charitable trust. During the first trial, the defense argued that that money was needed to pay future fen-phen victims who were not in the lawsuit. Defense attorneys said that, according to the settlement agreement, Cunningham and Gallion were personally liable for paying those clients.

But Voorhees, anticipating such arguments Wednesday, said the settlement agreement limited the lawyers’ liability to $7.5 million.

O. Hale Almand, an attorney for Gallion, said his client followed the advice and recommendations of well-known Cincinnati trial lawyer Stan Chesley, who negotiated the settlement. Almand also noted that the trial judge approved the attorneys fees.

Almand said the lawyers never intended to defraud their clients. The charitable trust was approved by an independent attorney who was hired by the court to write a legal opinion of it.

Cunningham’s lawyer was expected to make his opening statements at 1 p.m.

The trial could last six weeks.

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Jury selected for fen-phen trial

Herald-Leader Staff Report

A 12-person jury and four alternates were seated Tuesday in the second trial for two Central Kentucky attorneys accused of cheating their former clients out of $94 million.

Shirley Cunningham Jr. (left), William Gallion (right)

Shirley Cunningham Jr. (left), William Gallion (right)

Opening statements will begin at 9 a.m. Wednesday in U.S. District Court in Frankfort in the trial of disbarred lawyers Shirley Cunningham Jr. and William Gallion, who are charged with wire fraud and conspiracy. Statements are expected to last four hours.

Federal prosecutors said they expected to call as many as four former clients in the afternoon. Cunningham and Gallion are accused of taking settlement money that should have gone to 440 clients, who had sued the maker of the diet drug fen-phen for heart defects. The suit settled for $200 million in 2001.

The trial could last six weeks. The lawyers’ first trial, last July, resulted in a hung jury. Another defendant, Melbourne Mills, was acquitted.

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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.

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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.

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Warrant: Man indicted for child’s murder changed story

- slannen@herald-leader.com

A Lexington man accused of killing his girlfriend’s 2-year-old daughter first said she fell in a bathtub and injured her head, according to Lexington police.

Leamon Wesner

Leamon Wesner

Then, according to court documents, he said he accidentally hit her with a skateboard while attempting tricks inside a home at 515 Michigan Street.

Leamon Wesner eventually admitted to investigators that he struck Jessica Nolan in the head twice with his hand, according to an arrest warrant.

For 20 minutes after she was hit on Nov. 25, Jessica sat whimpering on the couch. Her mother had left her with Wesner, 30, earlier that morning. Then, the girl fell over unconscious, Wesner told investigators, according the warrant.

She was taken to the University of Kentucky Hospital, where she was diagnosed with a severe head injury. She died a few days later.

On Tuesday, a grand jury indicted Wesner on a murder charge. He was scheduled to be arraigned at 11:30 a.m. Friday in Fayette Circuit Court.

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Office manager charged with stealing from company

GLASGOW, Ky. (AP) — A federal grand jury in Glasgow has indicted a former office manager, accusing her of embezzling more than $200,000 from her employer.
The Glasgow Daily Times quoted U.S. Attorney David Huber in reporting Michelle Simmons was indicted on one count of wire fraud.
Simmons is accused of stealing the money by writing checks to herself and by diverting an electronic funds transfer from a company credit card to her account.
Authorities said she was in charge of payroll for Blealand Campbellsville Inc.
———
Information from: Glasgow Daily Times, http://www.glasgowdailytimes.com

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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.

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