Published: June 20, 2009 03:53 pm      

June 21, 2009 Pittsburg County District Court Dispositions

The following felony cases were decided in Pittsburg County District Court June 2-16. Dispositions include dismissed cases, suspended and deferred sentences, and sentences from trials and plea bargains.

• Michael Eugene Matt, 26, of Blanco, Texas, pleaded guilty June 16 to embezzlement, and judgment and sentencing were deferred for five years. He was also ordered to pay $14,932 in restitution. Two additional counts of embezzlement and one of conspiracy to commit embezzlement were dismissed in the plea bargain agreement. A court minute notes the alleged victims in the case approved of the sentence.

• Johnathan Charles Giacomo, 20, of McAlester, pleaded guilty June 12 to three counts of burglary in the second degree, and misdemeanor malicious injury to property and molesting an automobile. Judgment and sentencing were deferred for five years.

• Robert Earl Johnson, 50, of McAlester, pleaded guilty June 12 to possession of a controlled substance, cocaine, false personation of another and misdemeanor possession of drug paraphernalia. A five-year sentence was suspended and he was fined $250. The charge was filed with the prior conviction enhancement for a 1999 armed robbery resulting in a five-year suspended sentence in Pittsburg County.

• Sarah Anne Falis, 27, of Crowder, pleaded guilty June 10 to kidnapping for extortion, conjoint robbery by force or fear and misdemeanor obstructing an officer. She was sentenced to five years, with another 10 suspended, to be served concurrent with a sentence she is currently serving. She was also ordered to pay one-third of the restitution cost in the case

• Franklin Dewayne Parent, 23, of Savanna, pleaded guilty June 8 to possession of a controlled dangerous substance without a prescription, Lortab and Soma. He was sentenced to complete a state corrections program for drug offenders, with the remainder of a five-year sentence suspended, and he was fined $1,000. The sentence was ordered served concurrent with sentencing in a separate felony case. Parent was charged with the prior conviction enhancement for a 2008 misdemeanor for possession of a controlled substance that resulted in a six-month sentence.

• Lisa M. Haynes, 49, of Ennis, Texas, pleaded guilty June 5 to possession of a controlled substance, and misdemeanor driving a motor vehicle while under the influence of drugs and possession of drug paraphernalia. Judgment and sentencing were deferred for five years and she was fined $1,500. She was also ordered to complete DUI School and attend a Victim’s Impact Panel.

• Barbara Sue Stines, 21, of Krebs, pleaded guilty April 29 and was sentenced June 5 for endeavoring to manufacture a controlled dangerous substance, methamphetamine, possession of anhydrous ammonia, possession of a controlled drug with intent to distribute, and misdemeanor possession of drug paraphernalia. She was sentenced to five years, with another 15 suspended, to be served consecutive to sentencing in a separate felony case. Stines had been charged with the prior conviction enhancement for a 2008 conviction in Pittsburg County for possession of a controlled substance, methamphetamine, and misdemeanor possession of drug paraphernalia. That conviction resulted in five- and four-year sentencing deferrals, respectively.

• Elbert Caldwell, 55, of Scurry, Texas, pleaded guilty June 5 to possession of a controlled substance, marijuana, and misdemeanor driving a motor vehicle while under the influence of drugs and possession of drug paraphernalia. A three-year sentence was suspended and he was fined $400. He was charged with the prior conviction enhancement for 1995 and 2008 convictions in Kaufman County, Texas, for misdemeanor marijuana possession. He had been sentenced to 180 days in the 1995 case, and 10 days in the 2008 case.

• John Paul Touchette, 19, of Eufaula, pleaded guilty June 5 to possession of a controlled substance in the presence of a minor, and misdemeanor possession of drug paraphernalia and driving a motor vehicle while under the influence of drugs. Judgment and sentencing were deferred for five years and he was fined $150. He was also ordered to seek a drug and alcohol evaluation within 45 days and follow recommendations, attend a DUI School and a Victim’s Impact Panel within 90 days, and attend a parenting class within six months. The charge was filed with the prior conviction enhancement for a 2008 misdemeanor in Haskell County where he was convicted of possession of a controlled substance and sentencing was deferred for three years.

• Michael Dewayne Wilson, 27, of Grand Forks, N.D., pleaded no contest June 3 to conjoint robbery by force or fear, kidnapping for extortion, two counts of assault and battery with a dangerous weapon and misdemeanor driving with a suspended license. He was sentenced to 10 years, with another 20 years suspended, to be served consecutive to a sentence Wilson is already serving. He was also ordered to pay one-third of the restitution cost in the case. The sentencing judge also recommended Wilson complete a state correction’s Keys of Life program or its equivalent. Wilson had been charged with the prior conviction enhancement for a 2002 misdemeanor charge of possession of a controlled dangerous substance for which a six-month sentence was suspended.

• Johnathan Randel Webb, 33, of McAlester, pleaded guilty June 3 to possession of a controlled substance, marijuana, and misdemeanor aggravated driving a motor vehicle while under the influence of alcohol, possession of drug paraphernalia, driving with a suspended license, transporting an opened container of beer, failure to pay taxes due the state and failure to stop at a red light. A six-year sentence was suspended and he was fined $190. Also suspended was a sentence to perform 480 hours of community service. The charge was filed with the prior conviction enhancement for a 2006 case in Pittsburg County for felony possession of a controlled substance, marijuana, and misdemeanor possession of drug paraphernalia. His 2008 conviction on the charges resulted in two one-year suspended sentences.

• Delbert W. Isenhower, 53, of Stuart, pleaded guilty June 3 to possession of a controlled substance, methamphetamine, and misdemeanor possession of drug paraphernalia. A 10-year sentence was suspended and he was fined $250. Dismissed were misdemeanor charges of failure to carry insurance or a security verification form and failure to wear a seat belt. He was charged with the prior conviction enhancement for 1994 and 2005 charges of delivery of a controlled drug and pointing a firearm, respectively. Convictions on the charges resulted in suspended sentences of three years on the 1994 case, and five years on the 2005 charge.

• Chris Helton, 23, of rural McAlester, pleaded guilty June 2 to falsely personate another to create liability and misdemeanor petit larceny. Judgment and sentencing were deferred for five and a half years and he was fined $200.



The following misdemeanor cases were decided in Pittsburg County District Court May 22 to June 17. Dispositions include dismissed cases, suspended and deferred sentences, and sentences from trials and plea bargains.

• A charge of obtaining cash or merchandise by bogus check or false pretenses was dismissed June 17 for Robin Burgess, of Warner.

• Michael Joseph Fizegerald, 22, of Edmond, pleaded guilty June 17 to possession of a controlled substance, marijuana, and judgment and sentencing were deferred for one year. He was also fined $100.

• Brittany Kay Travis, 18, of Yukon, pleaded no contest June 17 to transporting an opened container of beer. Judgment and sentencing were deferred for one year and she was fined $50.

• Joshua Frank Mode, 21, of Heavener, pleaded guilty June 17 to furnishing alcohol to a person under 21 and judgment and sentencing were deferred for one year. He was also fined $200.

• Aaron Joseph Renick, 20, of Heavener, pleaded no contest June 17 to minor drinking beer in public place and he was fined $50.

• Rothree Woodmore, 67, of Kinta, pleaded no contest June 17 to public intoxication and was fined $50.

• John Paul Smith, 47, of McAlester, pleaded guilty June 17 to public intoxication and he was fined $50.

• Noe L. Hernandez, 20, of McAlester, pleaded guilty June 17 to public intoxication and he was fined $50.

• Shana Brianne Wheeler, 18, of Fort Smith, Ark., pleaded no contest June 17 to transporting an opened container of beer and judgment and sentencing were deferred for one year. She was also fined $50.

• Lance P. Baker, 37, of Hartshone, pleaded guilty June 16 to resisting an officer and was sentenced to 30 days in jail. The sentence was ordered served concurrent with sentencing in two other misdemeanor cases. A charge of public intoxication was dismissed.

• Arnold R. Atkins, 38, of McAlester, pleaded guilty June 15 to driving while his license is revoked and judgment and sentencing were deferred for one year. He was also fined $200.

• Natoshia Leslie Chambers, 22, of McAlester, pleaded guilty June 15 to larceny of merchandise from a retailer. Judgment and sentencing were deferred for one year and she was fined $100.

• Theresa Diane McDade, 37, of McAlester, pleaded guilty June 15 to larceny of merchandise from a retailer and trespassing after being forbidden. Judgment and sentencing were deferred for one year and she was fined $150.

• Misty Ann Daniel, 28, of Krebs, pleaded guilty June 15 to larceny of merchandise from a retailer and judgment and sentencing were deferred for one year. She was also fined $100.

• Sheila James, 42, of McAlester, pleaded guilty June 15 to driving a motor vehicle while under the influence of alcohol and driving with a revoked license. A one-year sentence was suspended, and she was ordered to attend DUI School and a Victim’s Impact Panel.

• A charge of driving while his license is suspended was dismissed June 15 for Don Wayland Samuels, 40, of McAlester.

• Lance P. Baker, 37, of Hartshone, pleaded guilty June 15 to petit larceny and public intoxication, and he was sentenced to 30 days in jail. The sentence was ordered served concurrent with sentencing in two other misdemeanor cases.

• Samson Middleton, 24, of Kiowa, pleaded guilty June 12 to driving while his license is suspended and public intoxication. A one-year sentence was suspended on the driving charge, and a 30-day sentence was suspended on the intoxication charge. He was also fined $200 and was ordered to perform 20 hours of community service within 60 days. Also, he was ordered to seek a drug and alcohol evaluation and to follow up with treatment.

• Perry James Dycus, 22, of Savanna, pleaded no contest June 12 to trespassing after being forbidden and he was fined $10.

• Charges filed in 2000 of possession of 3.2 beer by a person under 21, transporting an open container of beer and throwing litter from a vehicle were dismissed June 11 for Hector Atilan Diaz, of Irving, Texas.

• Joyce Wheeler, 67, of Canadian, pleaded guilty June 10 to public intoxication and she was fined $10.

• A charge of obtaining cash or merchandise by bogus check or false pretenses was dismissed June 9 for Melissa Ginn, of McAlester.

• A 1995 charge of possession of marijuana was dismissed June 9 for Donna Sherri Pierce.

• Chace Lewis, 18, of Fort Gibson, pleaded guilty June 8 to possession of a controlled substance, Lortab, and judgment and sentencing were deferred for one year. He was also ordered to obtaining a drug and alcohol evaluation within 60 days.

• Farron Kilburn, 26, of McAlester, pleaded guilty June 8 to driving while license is suspended, and judgment and sentencing were deferred for one year. Kilburn was also fined $200.

• Ricky Neil Moody, 54, of McAlester, pleaded no contest June 8 to public intoxication and was fined $25.

• A charge of obtaining cash or merchandise by bogus check or false pretenses was dismissed June 8 for Amanda R. Powell, of Krebs.

• Marcia Mary Layden, 53, of Gowen, pleaded guilty May 1 and was sentenced June 5 for driving a motor vehicle while under the influence of alcohol and possession of a controlled substance. A one-year sentence was suspended and she was fined $250. She was also ordered to seek a drug and alcohol evaluation within 90 days, attend DUI School and complete a Victim’s Impact Panel.

• Jeremiah Joseph Faulconer, 24, of McAlester, pleaded guilty June 5 to possession of a controlled dangerous substance, marijuana. A one-year sentence was suspended and he was fined $250. A charge of driving without a driver’s license was dismissed.

• Jerry W. Cantrell, 56, of Wilburton, pleaded no contest June 5 on a Oklahoma Department of Wildlife Conservation citation for illegal use of yo-yos — more than 50 feet of yo-yos — and he was ordered to pay the scheduled fine.

• Michael A. Thomason, 48, of Wilburton, pleaded guilty June 5 to illegal use of yo-yos — more than 50 feet of yo-yos — and he was ordered to pay the scheduled fine.

• Daniel L. McCain, 21, of Oklahoma City, pleaded no contest June 5 to resident fishing without a license and was ordered to pay the scheduled fine.

• On a separate charge, McCain pleaded no contest June 5 to failure to have a legacy permit and was ordered to pay the scheduled fine.

• A charge of fishing without a license was dismissed June 5 for Harry Lance Reading, 26, of McAlester.

• A charge of fishing without a license was dismissed June 5 for Sarah Lanae Weeden, 22, of McAlester.

• Darrell D. Faver, 48, of Quinton, pleaded guilty June 4 to being over the limit for blue channel catfish and was ordered to pay the scheduled fine.

• A charge of resident fishing without a license was dismissed June 4 at request of the wildlife department for Terry Lee Graver, 48, of McAlester, after Graver provided proof of license.

• A charge of obtaining cash or merchandise by bogus check or false pretenses was dismissed June 2 for Thomas N. Stempel, of McAlester.

• A charge of obtaining cash or merchandise by bogus check or false pretenses was dismissed June 2 for Douglas Ray Cousins, of Van Buren, Ark.

• A 1998 charge of obtaining cash or merchandise by bogus check or false pretenses was dismissed May 22 for Herschel Vance.