Court Updates from 11/17/2022

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Ashton Powers:  Ashton Powers remains in custody on a $100,000 (10%) bond.  Defense Attorney Camp said he is waiting on discovery and an offer from the State.  Assistant State’s Attorney Reynolds said the State has disclosed Discovery to the Defense.  The Jury Pre-Trial was continued to December 22, 2022, at 9 AM.  Powers was charged with two (2) counts of Unlawful Use or Possession of Weapons by a Felon (Class 3 Felony), Reckless Discharge of a Firearm (Class 4 Felony) and Aggravated Assault (Class 4 Felony).  A Jury Pre-Trial is scheduled for December 22, 2022, at 9 AM.  Read more on the case here.

Jerni Warner:  Jerni Warner remains in custody of the Henry County Jail on a $1 Million Bond for the deaths of Garry and Leah Kelly on September 5, 2021.   Defense Attorney Sullivan had a scheduling conflict so the Jury Pre-Trial for Ms. Warner was addressed at 9 AM.  Attorney Sullivan filed a new Motion for Medical Furlough on November 16th.  The State objected to the Motion but no details from the Motion were made public.  Judge Cosby denied the Motion for Medical Furlough.  Warner is charged with two counts of Aggravated DUI/Death (Class 2 Felony). The Jury Pre-Trial is Continued to January 19, 2023, at 11 AM.  Read details about the case here.

Brandon Swank:  Brandon Swank remains in custody of the Henry County Jail on a $75,000 (10%) bond.  The defense said they have had a few conversations about the case but there are some issues to look into.  Jury Pre-Trial Continued to December 22, 2022, at 9 AM.  Swank was charged with Possession of a Weapon by a Felon (Class 3 Felony), Possession of less than 5 Grams Meth (Class 3 Felony) and Possession of Drug Paraphernalia (Class A Misdemeanor).  Read details about the case here.

Dale English:  English did not appear at his Jury Pre-Trial on Thursday because he hasn’t been feeling well all week.  A possible plea deal was dependent on victim approval at the October hearing.  The Jury Pre-Trial was continued to December 22, 2022, at 11 AM.  English is charged with Predatory Criminal Sexual Assault Victim under 13 (Class X Felony) and Aggravated Criminal Sexual Abuse Victim under 13 (Class 2 Felony). Read more here.

Scott English: Scott English remains in custody of the Henry County Jail on a $250,000 (10%) bond.   Attorney Camp said they are still in plea negotiations with State’s Attorney Runty and requested a continuance. The Jury Pre-Trial is Continued to December 22, 2022, at 11 AM.  Scott English is charged with two counts of Predatory Criminal Sexual Assault/Victim under 13 years of age (Class X Felony) and two counts of Aggravated Criminal Sexual Abuse Victim is a family member under 18 (Class 2 Felonies). Read more here.

Richard McDonald:  Richard McDonald remains in custody of the Henry County Jail on a $150,000 (10%) bond.  A Plea Offer was presented to Mr. McDonald by Defense Attorney Camp on Thursday.  Attorney Camp requested a continuance to discuss how to respond to the offer and possible counter-offers.  The Jury Pre-Trial is continued to December 22, 2022, at 11 AM.  McDonald is charged with Making Terrorist Threats (Class X Felony), two violations the Sexual Offender Registration Act (Class 3 Felonies).  Read more here.

William Keller:  William Keller remains in custody of the Henry County Jail on a $75,000 (10%) bond.  A plea offer was presented to Mr. Keller on Thursday.  The defense requested a continuance to discuss the plea offer,  The Jury Pre-Trial is continued to December 22, 2022, at 11 AM.  Keller is charged with Aggravated Criminal Sexual Abuse – Victim under 13 years of age and Aggravated Criminal Sexual Abuse – Victim is a family member under 18 years of age.  Both are Class 2 Felonies.  Read more on the case here.

Jason Ader:  The Defense will contact Assistant State’s Attorney Reynolds to work out a resolution.  Jury Pre-Trial is continued to December 22, 2022, at 1 PM.  Ader is charged with Aggravated Battery of a Peace Office (Class 2 Felony), Aggravated Assault with a Motor Vehicle (Class 4 Felony) and Reckless Driving (Class A Misdemeanor).  Read details about the case here.

William Borsch:  William Borsch remains in the Henry County Jail on a $200,000 (10%) bond.  Defense Attorney Breedlove said there are matters outside the control of the State and Defense that are delaying a resolution to the case.  The State nor the Defense indicated what matters are beyond their control regarding William Borsch.  The Jury Pre-Trial is continued to January 19, 2023, at 1 PM for the Jury Pre-Trial and Motion hearing.  Borsch is charged with Aggravated Battery of a Child under the age of 13 (Class 3 Felony), Possession of Heroin 15-100 grams (Class 1 Felony), and Possession with the Intent to Deliver 15-100 grams of Heroin (Class X Felony).  Read more about his case here.

Rodney Smith:  Rodney Smith remains in the custody of the Henry County Jail on a $25,000 (10%) bond.  The State sent an offer to Defense Attorney Miljush.  Attorney Miljush said the offer isn’t unreasonable and, under the offer, Smith will still be in jail on December 22nd.  Due to his Contract ending with the County, Attorney Miljush was vacated as counsel for Smith and Attorney Aaron Dyer was appointed as counsel  The Jury Pre-Trial for both cases is continued to December 22, 2022, at 10 AM to allow new Attorney Dyer time to discuss the plea offer with Smith.  Rodney D Smith is charged with Aggravated Battery/Victim 60+ (Class 3 Felony), Aggravated Battery in a Public Place (Class 3 Felony) and two counts of Domestic Battery/Physical Contact (Class A Misdemeanor).  Smith is charged with Aggravated Battery of a Child under 13/Bodily Harm (Class 3 Felony), Domestic Battery/Bodily Harm (Class A Misdemeanor) and Resist Peace Officer ( Class A Misdemeanor).  Read details about the case here.

Matthew Peed:  Attorney Carmen said he has received an offer from the state but the offer is “different from what we were thinking”.  Attorney Carmen requested a continuance to review the plea offer with Mr. Peed.  Attorney Carmen requested Mr. Peed get a screening for the GPS monitor to allow him to move to a new residence.  Mr. Carmen said there are problems with Mr. Peed’s current living situation and he needs to move.  Judge Cosby ordered a screening for the proposed address but there is no guarantee the change will be approved.  The Jury Pre-Trial is continued to December 22, 2022, at 1 PM.  Matthew Peed is charged with Aggravated Battery by Firearm Discharge (Class 1 Felony), Aggravated Battery in a Public Place (Class 3 Felony), Reckless Discharge of a Firearm (Class 4 Felony) and Aggravated Assault (Class 3 Felony).  Read details about the case here.

Christopher Evans:  Christopher Evans remains in custody on a $75,000 (10%) bond.  Judge Cosby vacated the appointment of the Public Defender and appointed Attorney Clark Miljush in October after Evans requested new counsel following the guilty verdict by a Jury for Theft charges.  Due to his contract ending with Henry County, Defense Attorney Clark Miljush withdrew from the case and Judge Cosby appointed Attorney Aaron Dyer as counsel.  The Final Pre-Trial Conference remains on November 21, 2022, at 9 AM. Post-trial Motions are continued to November 21st to allow new counsel time to file post trial motions.  Read details on the case here.  Christopher Evans is charged with Failure to Report an Injury Accident (Class 2 Felony), Aid/ABET/Possession of a Stolen Vehicle (Class 2 Felony), Aggravated Fleeing (Class 4 Felony) and Resisting a Peace Officer (Class A Misdemeanor).

Bradley Simmons:  Bradley Simmons remains in custody on a $200,000 (10%) bond.  The State sent a plea offer to Defense Attorney Miljush.  Attorney Miljush said Bradley Simmons does not accept the offer.  Simmons was notified that Attorney Miljush will withdraw from counsel due to his contract ending with Henry County.  Attorney Aaron Dyer was appointed as counsel.  The Jury Pre- Trial is continued to December 22, 2022, at 10 AM.  Simmons is charged with Possession of Methamphetamine 5-15 grams (Class 2 Felony), Possession of Methamphetamine 5-15 grams with Intent to Deliver (Class 2 Felony), Delivery of less than 5 grams of Methamphetamine (Class 2 Felony) and Resisting a Police Officer with Injury (Class 4 Felony).  Read details of the case here.

Isabel Garcia:  Isabel Garcia, 50, from Arvada, Colorado, attempted to appear at her Jury Pre-Trial by zoom but was having technical difficulties.  The hearing proceeded with her Attorney, Steven Hanna, appearing for her.  Garcia was allowed to return to the State of Colorado as part of her bond conditions.  Her attorney believed she was in the State of  Pennsylvania on Thursday for a medical procedure.  Assistant State’s Attorney Reynolds expressed concern for Isabel Garcia travelling out of state without the court’s consent.  Defense Attorney Hanna could not confirm Garcia had left the State of Colorado.  Judge Cosby granted a continuance to December 22, 2022, at 1 PM but Ms. Garcia is required to appear in-person.  In September, Defense Attorney Richards was allowed to withdraw from the case and Attorney Hanna entered his appearance as her new Defense attorney.  An incident at Love’s Truck Stop on July 5, 2022, for an intoxicated passenger led to the discovery of 145 fentanyl pills in an Advil bottle.  At the Preliminary Hearing, Trooper Esser testified that the smell of cannabis from the vehicle occupied by Ms. Garcia led to a search of the vehicle where an Advil bottle with 145 pills was found.  A field test of one pill from the bottle tested positive for Fentanyl.  Trooper Esser testified that Ms. Garcia said she was paid $160,000 to acquire the pills and deliver them back to Colorado.  All 145 pills in the Advil bottle were similar in nature.  Isabel Garcia is charged with Trafficking a Controlled Substance (Class X Felony), Manufacture/Delivery of 15 to 100 grams of Fentanyl (Class X Felony) and Possession of a Controlled Substance (Class 4 Felony).

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