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Greetings
Kenton County!
The men and women of
the Commonwealth's Attorney Office are
always working hard to keep Kenton County
safe. This newsletter is intended to
keep all interested parties up to date on
the latest in prosecution and law
enforcement news. If you have any
questions or would like additional
information about the cases you see in this
email, please call (859) 292-6580 or email
the Commonwealth's Attorney Office at robsanders@kentonprosecutor.com
.
|
| Guilty
Verdict |
|
Commonwealth v. Dominic Raifsnider
Judge:
Summe
Prosecutors: Rob
Sanders
Police
Agency: Covington
In the summer of 2006, David Joseph, a
native of India, left Ohio State University
where he had been studying veterinary
medicine and moved to Covington with
his fiance, Thelma Smith. Joseph applied to
the University of Cincinnati and hoped
to pursue a career in animal research.
In the meantime, he took a job working as a
cashier at the Marathon Gas Station on the
corner of 12th & Holman Streets.
On October 3, 2006, a robber wearing a
hooded black bubble coat entered the gas
station and stabbed Joseph 25 times before
emptying the cash register and fleeing.
One of the stab wounds severed Joseph's
brachial artery. Despite the best
efforts of paramedics from the Covington
Fire Department and surgeons at University
Hospital, David Joseph bled to death.
Covington Police Detectives Ron Wietholter
and Mike McGuffey recovered video footage of
the attack from store security cameras.
They also checked the security cameras next
door at Ameristop and noticed the same man
in the black bubble coat talking to a man in
a green Honda. Officer Kevin Brady quickly
located the car and the detectives learned
that the man in the black bubble coat was
Dominic Raifsnider. Later the same
day, the suspect, after having shaved his
head to change his appearance, returned to
Ameristop where he could view the crime
scene. Raifsnider was arrested after being
spotted by Officer Chris Gangwish.
Detectives conducted a search warrant of
Raifsnider's home and found blood smeared on
an outside window frame. DNA tests
proved that the blood came from the victim,
David Joseph. Raifsnider was
interviewed by Det. Wietholter and Det.
McGuffey. After over an hour of
denying his involvement, Raifsnider finally
confessed to the crime after having been
tripped up in lie after lie after lie.
Raifsnider was indicted for Murder and 1st
Degree Robbery. The Commonwealth then
filed notice of its intention to seek the
death penalty. Trial began 3/12/08.
Jury selection took 3 days. Commonwealth's
Attorney Rob Sanders presented 26 witnesses
and dozens of pieces of evidence over the better
part of a week. Raifsnider's 3
defense attorneys called 2 witnesses who
testified about their client's abuse of
crack cocaine and history of mental health
issues. Closing arguments were held
3/25/08 after which time the jury
deliberated for approximately 30
minutes before finding Raifsnider guilty of
murder and 1st Degree Robbery.
In the sentencing phase of the trial, the
prosecution presented evidence of
Raifsnider's criminal history that included
over a dozen misdemeanor convictions and 4
prior felony convictions for assault,
cocaine possession, and 2 burglaries.
The defense presented numerous witnesses who
testified that Raifsnider was abused as
a child, had bad romantic relationships as
an adult, routinely abused drugs when he was
out of prison, and had a family history of
mental health.
Deliberations over sentencing lasted
approximately 2 1/2 hours. In the end,
the jury spared Raifsnider's life but
recommended that he spend the rest of his
life in prison without the possibility of
parole for the murder and 20 years for the
robbery. As apparent evidence of
their desire that Raifsnider never leave
prison, the jury further recommended that
the 20 year sentence run consecutive to the
life sentence for a total sentence of
life+20 years. Raifsnider will be
formally sentenced by Kenton Circuit Judge
Patricia Summe on 5/22/08.
To read more about the case, click here:
|
| Hung
Jury |
|
Commonwealth
v. Darrius Harris
Judge:
Bartlett
Prosecutors: James
T. Redwine
Police
Agency: Covington
Darius
Harris was indicted for Murder in
connection with the April, 2006 shooting
death of Haitham Asad at a drive-thru
convenient store on Madison Pike in
Covington. Jury selection and
testimony began on 3/18/08. After
a week of testimony and evidence the
case went to the jury. The jury
deliberated for several hours before
informing Judge Gregory Bartlett that
they were hopelessly deadlocked and
unable to reach a verdict. The
judge declared a mistrial. The
case will be re-tried but a new trial
date has not yet been set. Harris
remains incarcerated pending trial.
|
| GUILTY
VERDICT |
|
Commonwealth
v. James Kyne
Judge:Sheehan
Prosecutor: James
T. Redwine
Police Agency: Covington
On 7/1/06, Covington Police were called
to the Riverfront Marriott to assist
hotel employees with a drunk and
disorderly subject. Covington
Police Officer Brian Kane was the first
officer to arrive and hotel employees
directed him to the 3rd floor where he
located James Kyne. The Defendant
was intoxicated from a day of drinking
at the Cincinnati Reds game and causing
a disturbance to other hotel guests.
As Officer Kane approached, Kyne spun
around and attacked the officer. A
fight ensued during which time Kane's
radio was knocked loose making it
difficult for him to call for
assistance. Kyne managed to get
the officer in a choke hold and tried to
shove him over the 3rd floor balcony.
Feeling his oxygen supply being cut off,
Kane was forced to bite Kyne to get him
to release the choke and save his own
life. As Kane began to get the
upper hand, other officers arrived to
assist him and Kyne was subsequently
subdued and arrested.
Kyne was indicted for Attempted Murder
and 3rd Degree Assault (on a police
officer) in September of 2006.
After numerous motions, continuances,
and other delays, Kyne finally stood
trial on 2/1/08. After a 4 day
trial over the course of two weeks, the
jury acquitted Kyne of Attempted Murder
but found him guilty of 3rd Degree
Assault. The jury deliberated
until after 11 p.m. before deciding that
it could not reach a unanimous verdict
on sentencing. Pursuant to
Kentucky law, sentencing then becomes
the exclusive responsibility of the court,
Kenton Circuit Judge Martin Sheehan. Asst.
Commonwealth's Attorney James T. Redwine,
who prosecuted the case, said he was
disappointed that Kyne was not found
guilty of the more serious charge but
was glad the defendant was still being
held accountable for the assault, noting
that justice was a long time coming for
Officer Kane. "Assaults on
police officers don't get much more
serious than this," said Redwine,
"so I am glad the defendant is now
behind bars."
On 3/24/08 Kyne appeared for
sentencing, facing 1-5 years in
prison. Asst. Commonwealth's
Attorney Jim Redwine argued that Kyne's
actions warranted the maximum 5 years in
prison. Kenton Circuit Judge
Martin Sheehan stated that Kyne's
actions earned him more than the minimum
sentence but also noted that he believed
the Defendant's lack of criminal history
meant he also did not deserve the
maximum sentence. Kyne was
sentenced to 3 years in prison.
|
| Other
Guilty Pleas & Sentencings |
|
Commonwealth
v. Mario Tebelman 
Judge:
Bartlett
Prosecutor: Rob
Sanders
Police
Agency: Covington
On 3/25/08 Tebelman pled guilty to
Tafficking in a Controlled Substance
(cocaine). Commonwealth's Attorney Rob
Sanders is recommending a 6 year
prison sentence. Final sentencing is
set for 5/2/08.
Commonwealth
v. Brenda Kennedy
Judge: Summe
Prosecutor: Rob
Sanders
Police Agency: Covington
On 3/26/08 Kennedy pled guilty to Possession
of a Controlled Substance (cocaine). Commonwealth's
Attorney Rob Sanders is recommending a 2
1/2 year prison sentence. Final
sentencing is set for 5/13/08.
Commonwealth
v. Linda C. Deaver
Judge:
Summe
Prosecutor: Laura
Ward
Police Agency: Covington
On 3/26/08 Deaver pled guilty to
Incest. Asst. Commonwealth's
Attorney Laura Ward is recommending
that Deaver be sentenced to 5 years
probated for 5 years on the condition that
she testify against her brother.
Final sentencing is set for 5/13/08.
Commonwealth
v. Steven Duncan
Judge:
Summe
Prosecutor: Leanne
Isler
Police Agency: Covington
On 3/24/08 Duncan pled guilty
to Receiving Storlen Property
(>$300). Asst. Commonwealth's
Attorney Leanne Isler is
recommending a 1 year sentence,
consecutive to a 13 year sentence in an
unrelated case. Final sentencing
is set for 3/28/08.
Commonwealth
v. Ricky Jackson II
Judge:
Summe
Prosecutor: Sharif
Abdrabbo
Police Agency: Covington
On
3/24/08 Jackson pled guilty to
Possession of a Controlled
Substance (cocaine). Asst.
Commonwealth's Attorney Sharif
Abdrabbo is recommending a sentence of
3 years probated for 3 years.
Final sentencing is set for 5/13/08.
Commonwealth
v. James Shepherd
Judge:
Summe
Prosecutor: James
T. Redwine
Police Agency: Covington
On 2/25/08 Shepherd pled
guilty to 1st Degree Wanton
Endangerment. 1st Asst.
Commonwealth's Attorney Jim
Redwine recommended a sentence
of 3 years probated for 5 years.
On 3/25/08 Shepherd was sentenced
to 3 years probated for 5 years
and 6 months of home
incarceration.
Commonwealth
v. Dewight Talley
Judge:
Summe
Prosecutor: Sharif
Abdrabbo
Police Agency:
Covington
On 2/25/08 Talley
pled guilty to Trafficking
in a Controlled Substance
(cocaine). Asst.
Commonwealth's Attorney
Sharif Abdrabbo recommended
a 5 year sentence. On
3/26/08 Talley was sentenced
to 5 years in prison.
Commonwealth
v. Clifford Martin
Judge:
Summe
Prosecutor: Alysha
McKinney
Police
Agency: KY
State Police
On 3/24/08 Martin
pled guilty to 2nd
Degree Escape.
Asst. Commonwealth's
Attorney Alysha
McKinney recommended
a 1 year sentence,
consecutive to his
previous sentence.
Martin was sentenced
to 1 year,
consecutive to all
previous sentences.
Commonwealth
v. DeJong
Lindsey
Judge:
Summe
Prosecutor: James
T. Redwine
Police
Agency:
Covington
On
3/24/08 Lindsey
pled guilty
to
Possession
of a Handgun
by a
Convicted
Felon.
1st Asst.
Commonwealth's
Attorney Jim
Redwine is
recommending
that Lindsey
serve 5
years in
prison.
Final
sentencing
is set for
5/13/08.
Commonwealth
v. Jeffrey
Ellis 
Judge:
Bartlett
Prosecutor: Sharif
Abdrabbo
Police
Agency: Elsmere
On
2/27/08
Ellis
pled
guilty
to
Possession
of a
Controlled
Substance
(cocaine)
in 2
separate
cases.
The
Commonwealth
made
no
sentencing
recommendation.
On
3/24/08
Ellis
was
sentenced
to 3
years
probated
for
5
years
on
each
case
for
a
total
of 6
years
probated
for
5
years.
Commonwealth
v. Tammy
Evans
Judge:
Sheehan
Prosecutor: Sharif
Abdrabbo
Police
Agency: Covington
On
3/25/08 Evans
pled
guilty
to
Possession
of a Controlled
Substance
(cocaine).
Asst.
Commonwealth's
Attorney
Sharif
Abdrabbo
is
recommending
a
sentence
of 2
years
probated
for 2
years.
Final
sentencing
is
set
for
4/22/08.
Commonwealth
v. Kevin
Reed
Sr. 
Judge:
Sheehan
Prosecutor: Sharif
Abdrabbo
Police
Agency: Covington
On
3/25/08 Reed
pled
guilty
to
Possession
of
a Controlled
Substance
(cocaine).
Asst.
Commonwealth's
Attorney
Sharif
Abdrabbo
is
recommending
that
Reed,
who
has
no
prior
felony
record,
be
ordered
into
the
felony
diversion
program
for
2
years.
Final
sentencing
is
set
for
4/22/08.
Reed
faces
1-5
years
if
he
fails
diversion.
Commonwealth
v. Raymond
Cook
Judge:
Summe
Prosecutor: Amy
Burke
Police
Agency: Kenton
Co.
Child
Support
On
2/19/08 Cook
pled
guilty
to
Flagrant
Non-Support.
Asst.
Commonwealth's
Attorney
Amy
Burke recommended
that Cook
be
sentenced
to 3
years
probated
for 5
years
on
the
condition
that
he
serve
6
months
in
jail.
On
3/25/08
Cook
was
sentenced
to
3
years
probated
for
5
years
and
6
months
in
jail.
Commonwealth
v. Jonathan
Smith
Judge:
Sheehan
Prosecutor: Justin
Sanders
Police
Agency: Edgewood
On
2/26/08 Smith
pled
guilty
to
Receiving
Stolen
Property
(>$300).
Asst.
Commonwealth's
Attorney Justin
Sanders
recommended
a
sentence
of 5
years
probated
for 5
years.
On
3/25/08,
Smith
was
sentenced
to
5
years
probated
for
5
years
and
90
days
in
the
county
jail.
Commonwealth
v. Vincent
Williams
Judge:
Sheehan
Prosecutor: Joseph
Meadows
Police
Agency: Covington
On
2/26/08 Williams
pled
guilty
to
Possession
of
a Controlled
Substance
(cocaine).
Asst.
Commonwealth's
Attorney
Joe
Meadows
recommended
that
Williams
be
ordered
into
the
felony
diversion
program
for
2
years.
On
3/25/08
Williams
was
ordered
into
the
felony
diversion
program
for
2
years.
Williams
faces
1-5
years
if
he
fails
diversion.
Commonwealth
v. Deseree
Ballman
Judge:
Sheehan
Prosecutor: Alysha
McKinney
Police
Agency: Ft.
Wright
On
3/25/08 Ballman pled
guilty
to
Fraudulent
Use
of
a
Credit
Card.
Asst.
Commonwealth's
Attorney Alysha
McKinney is
recommending
that
Ballman,
who
has
no
prior
felony
record,
be
ordered
into
the
felony
diversion
program
for
3
years.
Final
sentencing
is
set
for
4/22/08.
Commonwealth
v. Jeremiah
Smeltzer
Judge:
Sheehan
Prosecutor: Sharif
Abdrabbo
Police
Agency: NKDSF
On
3/25/08 Smeltzer
pled
guilty
to
Trafficking
in
a Controlled
Substance
(cocaine).
Asst.
Commonwealth's
Attorney
Sharif
Abdrabbo
is
recommending
a
sentence
of 7
years.
Final
sentencing
is
set
for
4/22/08.
Commonwealth
v. Damika
Coleman
Judge:
Bartlett
Prosecutor: Sharif
Abdrabbo
Police
Agency: Covington
On
3/25/08 Coleman
pled
guilty
to
Possession
of
a Controlled
Substance
(cocaine).
The
court
followed
the
recommendation
of
Asst.
Commonwealth's
Attorney
Sharif
Abdrabbo
and
ordered
Coleman,
who
has
no
prior
felony
record, into
the
felony
diversion
program
for
2
years.
Coleman
faces
1-5
years
if
she
fails
on
diversion.
Commonwealth
v. Jerry
Baker
Judge:
Bartlett
Prosecutor: James
T.
Redwine
Police
Agency: Covington
On
3/25/08 Baker
pled
guilty
to
1st
Degree
Fleeing
Police,
Wanton
Endangerment
1st
Degree,
and
DUI.
1st
Asst.
Commonwealth's
Attorney
Jim
Redwine
is
recommending
a
sentence
of 2
years
in
prison.
Final
sentencing
is 4/28/08.
Commonwealth
v. Daniel
Coffey
Judge:
Bartlett
Prosecutor: Leanne
Isler
Police
Agency: Covington
On
3/25/08 Coffey
pled
guilty
to
Theft
(>$300).
The
court
followed
the
recommendation
of
Asst.
Commonwealth's
Attorney
Leanne
Isler and
ordered
Coffey,
who
has
no
prior
felony
record,
into
the
felony
diversion
program
for
2
years.
Coffey
faces
1-5
years
if
he
fails
diversion.
Commonwealth
v. Steven
Amburgey
Judge:
Bartlett
Prosecutor: Justin
Sanders
Police
Agency: Covington
On
3/25/08 Amburgey
pled
guilty
to
Possession
of
a Controlled
Substance
(cocaine)
and
3rd
Degree
Assault
(police).
Asst.
Commonwealth's
Attorney Justin
Sanders is
recommending
a
sentence
of 5
years
in
prison.
Final
sentencing
is
set
for
4/28/08.
Commonwealth
v. Sterling
Sizemore
Judge:
Bartlett
Prosecutor: Amy
Burke
Police
Agency: Kenton
Co.
Child
Support
On
3/25/08 Sizemore
pled
guilty
to
Flagrant
Non-Support
without
the
benefit
of
a
plea
agreement.
Final
sentencing
is
set
for
4/28/08. Sizemore
faces
1-5
years.
Commonwealth
v. Tasha
Simpson
Judge:
Bartlett
Prosecutor: Sharif
Abdrabbo
Police
Agency: Covington
On
2/13/08 Simpson
pled
guilty
to
2nd
Degree
Unlawful
Transaction
with
a
Minor
without
the
benefit
of
a
plea
agreement.
On
3/24/08
Simpson
was
sentenced
to
5
years
in
prison.
|
| FAILED
TO APPEAR/WANTED: |
|
Lynette Ballou
Bond $5,000
Original Charge(s):
Fraudulent Use of a Credit Card
Douglas
Hale
Bond:
$5,000
Original Charge(s):
Poss. of a Controlled Substance (cocaine)
Jerlyn
Piccirillio
Bond:
$Unknown
Original Charge(s):
Probation Violation
Amy Woomer 
Bond:
$5,000
Original Charge(s):
Possession of a Controlled Substance
(cocaine)
Robert
Krebs
Bond:
$10,000
Original
Charge(s):
Fleeing Police 1st Degree
DUI 1st Offense
Ronnie
Gay
Bond:
$10,000
Original
Charge(s):
Poss. of a Controlled
Substance (cocaine)
Deborah
Adams
Bond:
$10,000
Original
Charge(s):
Burglary 2nd Degree
Paul
Thornberry
Bond:
$5,000
Original
Charge(s):
Poss. of a
Controlled Substance
(cocaine)
Kinnard
Asher
Bond:
$unknown
Original
Charge(s):
Poss. of a
Controlled
Substance
(cocaine)
**Law Enforcement
should confirm
warrants prior to
arrest. Do not
rely solely on this
information!**
|
| OTHER
LAW ENFORCEMENT NEWS |
|
Lawmakers Question
Takeover Of Defender Office
Funding 'Stuck
Out Like Sore Thumb'
Senate leaders stripped funding for the
Lexington public defender office from
their proposed state budget because they
want to know whether the state had
authority to take over the office last
year, Senate President David Williams
said Tuesday. The state Department of
Public Advocacy took control of the
Lexington office in August 2007, at
Mayor Jim Newberry's request, because of
funding problems.
The House's version of the budget
allocated $1.8 million for the Lexington
office for fiscal years 2009 and 2010,
which is about $800,000 more than the
state contributed to the office in
recent years. But Williams,
R-Burkesville, said the House budget
"was the first time anyone brought
it to our attention." He wants to
know how DPA could act without
legislative approval. In a tight budget
year, the $1.8 million "stuck out
like a sore thumb," Williams said.
http://www.kentucky.com/news/state/story/357364.html
|
|
Thank you for taking the time to stay
informed about criminal justice in Kenton
County.
Rob
Sanders
Commonwealth's Attorney Office
|
|
| |
|
