Hearings delayed in trio of cases Monday
By TOM BERRY
Staff Writer
A pre-trial hearing concerning drug charges against Calloway County Coroner Mike Garland has been delayed until mid-January by Circuit Court Judge Dennis Foust and action on a reckless homicide charge against a Murray Police patrolman will be heard next month.
During court action Monday morning, Garland and his wife, Michelle, appeared before Foust with their counsel, Gary Haverstock, who reinterated the couple's not guilty plea on all charges and agreed to a pre-trial hearing tentatively set for Jan. 16, 2009. Foust issued a discovery order effective in the case until that date.
Garland was indicted by a grand jury last month for cultivating more than five marijuana plants, theft of a controlled substance over $300 (first offense), possession of marijuana (firearms enhanced), first-offense possession of drug paraphernalia (firearms enhanced), first-degree possession of a controlled substance (first offense), and first-offense theft of a legend drug under $300, all Class D felonies.
The theft charges stem from an investigation of an incident that allegedly occurred July 3 concerning the theft or exercising control over a controlled substance belonging to another person.
Garland has also been indicted for third-degree possession of a controlled substance (first offense) and first-degree official misconduct, both Class A misdemeanors.
Michelle Garland has been indicted for possession of marijuana and possession of drug paraphernalia (first offense) firearms enhanced, both Class D felonies.
In other action, Foust ordered further action on reckless homicide charges against Murray Police Patrolman John “Andy” Cooper to take place at 9 a.m. on Dec. 19. Cooper appeared for a hearing Monday morning, however special prosecutor G.L. Ovey requested any action be delayed.
Ovey, a commonwealth's attorney in Lyon and Trigg counties, told the court he needed more time to conduct an independent investigation into the matter before he would be prepared to move forward. He also pointed out plans to work with a Calloway County Grand Jury regarding action in the case.
Cooper is charged with reckless homicide in the death of Everett Ray Walker, 68, who was killed March 18 when he reportedly pulled into Cooper's pathway while the officer was responding to a silent alarm at a local business.
According to Kentucky State Police, Cooperwas traveling with all his vehicle's emergency equipment activated when he struck the driver's side of Walker's vehicle. Walker was turning east onto Ky. 94 from L.P. Miller Street near Briggs & Stratton when a collision occurred.
Meanwhile, action in the case of Carol Erwin, 29, of Murray, has been delayed until a meeting of the Calloway County Grand Jury later this month. Erwin is accused of abusing a 3-year-old boy under her care and has been charged with first-degree criminal abuse; however she has yet to be indicted on the charge.
In October, District Court Judge Randy Hutchens refused a request for a reduction in the Erwin's bail, which has been set at $50,000.
Story created Nov 11, 2008 - 11:20:27 EST.
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