2012-06-21 / Local & State

Court Session Held June 12

By Chanin Rotz-Mountz

STAFF WRITER

Judge Carol L. Van Horn of the 39th Judicial District and the Fulton/ Franklin County Court of Common Pleas presided over a court session held at the Fulton County Courthouse on Tuesday, June 12.

 Glenn Joseph Bennett appeared for sentencing last Tuesday on one count of criminal mischief. Fulton County District Attorney Travis Kendall noted in reviewing the case he was worried the defendant did not understand what happened and possibly thinks it was OK to beat up the victim’s car. Bennett, he added, also has a history of violence toward women.

County Public Defender Dwight Harvey countered he did not come to the same conclusion as the district attorney. Harvey said Bennett simply “lost it” in an emotional moment.

Bennett said he did wrong and regretted his actions. “I did let my emotions take over that day,” he said, before being ordered to complete 24 months probation. He will also pay $150 to the Fulton County Law Library, restitution to Tammy Miller in the amount of $1,223.19 and a $25-per-month supervision fee.

 Elwood G. Gallagher appeared in court for sentencing on two unrelated cases involving driving under the influence and defrauding secured creditors. It was noted that the most recent case of driving under the influence of alcohol would be Gallagher’s sixth conviction since 1989. Due to health concerns, it was suggested SCRAM and electronic monitoring would be a nice fit for the case.

Contesting a payment of nearly $1,400 in restitution to Dublin Township, Gallagher asked the court why he should pay when other individuals in Burnt Cabins received sewer-related items, such as grinders, for free. After speaking with one of two defense attorneys on hand, Gallagher agreed to pay the amount.

Judge Van Horn told Gallagher if he is found in violation of the terms of the sentence he would go to jail. She said his age, 79, and his health issues don’t entitle him to a free pass to drink and drive.

On one count of drunk driving, Gallagher will undergo six months of Intermediate Punishment and SCRAM, which will begin with 30 days of electronic monitoring. He will complete drug and alcohol treatment and be forbidden from consuming alcohol. Gallagher will also complete alcohol/highway safety school. Fines imposed include $200 to MCare, $750 to the Fulton County Law Library, $11 day for monitoring, $88 to Fulton County Medical Center, $100 to Substance Abuse Fund, $201 for blood testing and a $25-per-month supervision fee.

Gallagher will also complete 12 months probation for defrauding creditors and pay $300 to the Fulton County Law Library, a $25-permonth supervision fee, $1,393 to Dublin Township.

 James Lynn Junkins was sentenced last Tuesday on one count each of retaliation against a witness and burglary in connection with two cases. Currently incarcerated in the Franklin County Prison, Junkins said being in jail has been an “eye opener.” He said he has used the time to better himself through classes like anger management. He hopes upon his release to move back to Fulton County and get a job.

“I’m a strong-willed person. I’m determined. I know I can do it,”he stated.

Van Horn said she was hopeful based on his statements and that the court’s goal was to hold him accountable and get him on the right path. For retaliation against a witness, Junkins will complete between 11 1/2 and 23 months in the Franklin County Prison as well as 80 hours of community service. He will pay a $200 fine, $250 for DNA testing, a $150 Central Booking fee, $ 1,830 to Fulton County Medical Center and a $25- per-month supervision fee.

The count of burglary carries a 60-month probationary sentence. He will pay $74 to Kim Sipes, $250 for DNA testing and a $25 monthly supervision fee.

 Mark Allen Kazda waived formal arraignment on two counts of driving under the influence and four summary offenses. Kazda entered a plea of not guilty and will reappear in court on October 9 for call of the criminal trial list.

 Raymond Leon Scadden Jr. appeared for mandatory arraignment on two counts of driving under the influence and three summary offenses. Scadden was entered into the Accelerated Rehabilitative Disposition (ARD) program and will complete a probationary sentence.

Charges against Scadden were made following a traffic accident along Route 522 in Ayr Township on March 23. His blood alcohol content level was recorded at .153 percent.

 Kenneth Swanger was also entered into the ARD program on charges of theft in connection with a recommendation by the district attorney. Swanger reportedly scrapped farm equipment belonging to James Laughlin.

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