Teresa Moon
Tyler James McElvain pleaded guilty to the Gross Misdemeanor of Conspiracy to Making Threats or Conveying False Information Concerning an Act of Terrorism, Weapons of Mass Destruction, Lethal Agents, or Toxins, punishable by up to 364 days in jail and a fine of up to $2,000. The factual basis provided stated that McElvain, during a phone call, threatened to get a firearm and shoot someone. Judge Stockard ordered PSI and set sentencing for November 5.
Angelina Ferguson appeared for sentencing on the wobbler charge of Attempt to Fail to Stop on the Signal of a Peace Officer While Under the Influence, to which she pled guilty in June. This wobbler can be sentenced as a Gross Misdemeanor, punishable by up to 364 days in jail, or as a Category E Felony, punishable by 1-4 years in prison.
Deputy District Attorney Priscilla Baker explained that Ferguson drove a vehicle while intoxicated with a blood alcohol level (BAL) of .15 while her children were in the car. She then failed to stop at an officer's signal, forcing another officer to block her path. Baker asked the court to sentence the offense as an E Felony to ensure Ferguson understood the consequences of her actions.
Charles Woodman Esq, defense for Ferguson, told the court, "When a law enforcement officer lit her up, she panicked, and she did take off." He explained that she did not stop because an officer blocked her. However, she came to her senses and stopped. She experienced a very brief lapse in judgment but was not belligerent or anything like that. Woodman asked the court to sentence the charge as a Gross Misdemeanor.
Ferguson told the court, "I'm not only sorry for putting my kids in this situation, but…. for the decision to get in the car after a few drinks… panicking for a second… I'm just sorry for the entire situation."
Judge Stockard granted Woodman's request, suspending a 364-day jail sentence and placing her on probation. He further ordered Ferguson to follow the recommendations of her substance abuse evaluation.
Michael Patrick Gauthier pleaded guilty to the Category B Felony of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance with a Prior Felony Conviction for DUI, which carries a mandatory prison term of 2-15 years and a fine of $2,000-$5,000. Judge Stockard ordered a Pre-Sentencing Investigation (PSI) and set sentencing for November 5.
Patrick Michael Mineard appeared for sentencing on a Gross Misdemeanor charge of Abuse, Neglect, or Endangerment of a Child Not Causing Substantial Bodily or Mental Harm, to which he pled guilty in June. The Psychological Risk Assessment, which is required for the court to consider probation, concluded that Mineard is not at high risk of reoffending.
DDA Priscilla Baker said the defendant had two children in the car when he was driving intoxicated with a BAL of .100 to .104 and hit a power pole. Fortunately, no one was hurt.
Defense Attorney Woodman stated, "The facts are the facts. My client was driving under the influence and ran into a pole." He noted that the Risk Assessment states Mineard has risen above being a concern for repeat offenses; however, this does not let Mineard off the hook. The assessment also recommended that Mineard get his high school diploma and become employed. Woodman said that, when asking for probation, the defendant is a bright young man with plenty of potential and hopes the underlying sentence will provide motivation.
Mineard told the court he is trying to get things in order, keep his head on straight, look for employment, and get his high school diploma. He cares for his diabetic father and does side jobs like fixing cars and odd jobs.
Judge Stockard placed Mineard on probation on a suspended 364-day jail sentence and ordered him to get his high school diploma within the next twelve months, secure full-time employment, obtain a substance abuse evaluation, and follow the recommendations thereof.
Continuances and Warrants:
Hubert Craig Allen – case continued until September 10.
Jordan Adam Cunnington – case continued until October 1.
Sara Michelle Jones – sentencing violation hearing continued until September 10.
Bradley Nelson Rogne failed to appear for an arraignment. A $50,000 cash-only warrant was issued.
Jose Carlos failed to appear for sentencing. A $10,000 cash-only bench warrant was issued.
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