Pubdate: Mon, 31 Dec 2007
Source: Central Kentucky News Journal (Campbellsville, KY)
Copyright: 2007 Central Kentucky News Journal
Contact:  http://www.cknj.com
Details: http://www.mapinc.org/media/1479
Author: Calen McKinney, Staff Writer
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

MAN GETS 20 YEARS ON DRUG CHARGES

A judge has upheld the sentence of a man who turned down an offer of 
probation in favor of a jury trial in which he was found guilty.

Danny Dale Burress, 49, of 4450 Speck Ridge Road in Campbellsville 
appeared before Taylor Circuit Court Judge Doughlas M. George last 
Tuesday for sentencing. George upheld the jury's recommendation of 20 years.

In November, Burress faced a jury on charges of second-degree selling 
hydrocodone, his second offense, and being a second-degree persistent 
felony offender.

According to court records, Burress was accused of selling 
hydrocodone pills to a confidential informant used by local law enforcement.

Assistant Commonwealth's Attorney John Miller, the prosecutor in the 
case, said in November that Burress' case has been ongoing since 2004.

Miller said Burress had been offered a plea agreement amending the 
charge of second-degree selling hydrocodone - which is a Class C 
felony punishable by five to 10 years in prison - to a misdemeanor offense.

Because the offense was Burress' second and he was charged with being 
a persistent felony offender, the sentence a jury could recommend was enhanced.

Miller said the plea agreement Burress declined stated that Burress 
would have received two years' probation in exchange for a guilty 
plea to the misdemeanor offense. He said the plea agreement would 
have included no jail time.

After the trial, Miller said he was pleased with the jury's verdict.

"I think it sent a message to the community that drug trafficking 
won't be tolerated in Campbellsville and Taylor County," Miller said. 
"And I think that's the right message to send."

Miller said Burress will have to serve at least 20 percent - or four 
years - of the 20-year sentence before he can become eligible for parole.

This wasn't the first time Burress has faced a jury on the charges against him.

Burress' case originally went to trial in April. However, the jury 
could not reach a unanimous verdict, and George declared a mistrial.

Local attorney Tim Berry Falls represented Burress. He declined to comment.

Also on Dec. 18, Burress filed an appeal of his 20-year prison 
sentence. An attorney from the Department of Public Advocacy in 
Frankfort has been appointed to represent him.

On Friday, Miller said he is confident Burress' appeal will be not be 
successful.

"Detective David Tucker did an excellent job in handling this case as 
did the Campbellsville Police Department," he said. "The trial of 
this matter was conducted in an appropriate manner and Judge George 
ruled on various evidentiary matters in a way to protect Mr. Burress' 
rights. The jury considered the evidence, found Mr. Burress guilty 
and through his sentencing sent an appropriate message to drug 
traffickers, which was this conduct will not be tolerated in Taylor County."

Court records also list Burress' address as 4450 Speck Ridge Road in Elk Horn.

Also on George's docket:

- - Bradley C. Allen, 30, of 637 W. Ratcliff Road in W. Terre Haute, 
Ind. completed the terms of his diversion and had a theft charge 
against him dismissed.

In December 2004, Allen pleaded guilty to theft by deception more 
than $300. At that time, Allen was granted a three-year pretrial 
diversion and ordered to pay $1,743.21 in restitution.

Court records also list his address as 1646 Spruce in Terre Haute, 
Ind. and 109 S. Public Square in Greensburg.

- - Betty Marie Beard aka Betty Marie Horton, 38, of 106B Carden St. 
had a stolen property charge against her dismissed.

In October, Beard was indicted on a charge of receiving more than 
$300 in stolen property along with co-defendants Gary Wayne Beard, 
47, also of 106B Carden St. in Campbellsville, and Adam Edwards, 19, 
and Anthony Horton, 23, both of 1346 Taylor Ford Road in Columbia. 
Gary Beard was also charged with being a second-degree persistent 
felony offender.

According to a Campbellsville Police report, the four were accused of 
stealing five head of cattle from a Columbia farm.

The charges against Betty Beard were dismissed, according to court 
records, because the prosecutor felt he could not prove her guilt 
beyond a reasonable doubt.

Gary Beard also appeared before George and pleaded guilty to 
receiving more than $300 in stolen property. The persistent felony 
offender charge against him was dismissed. The prosecutor has 
recommended that he receive a five-year sentence. Formal sentencing 
is set for Feb. 19.

Horton also appeared and pleaded guilty to the charge against him. He 
was granted a five-year pretrial diversion. If he fails the terms of 
his diversion, Horton will be sentenced to five years in prison. His 
case is set for review Dec. 18, 2012.

Edwards will appear in Taylor Circuit Court for a pretrial hearing on 
Jan. 22. He is scheduled to face a jury March 24.

- - Rheuban James Combs, 24, of 2247 Raikes Hill Road in Elk Horn 
pleaded guilty to two counts of theft by unlawful taking more than 
$300 and third-degree burglary.

Combs was granted a five-year pretrial diversion and ordered to pay 
$40 in restitution along with co-defendant William Howard Mayes, 25, 
of 11350 Liberty Road in Campbellsville.

If Combs fails the terms of his diversion, he will be sentenced to 
five years in prison. His case is set for review Dec. 18. 2012.

Mayes also appeared before George and pleaded guilty to one count of 
theft by unlawful taking more than $300 and third-degree burglary. An 
additional count of theft by unlawful taking more than $300 and a 
charge of first-degree criminal mischief were dismissed.

Mayes was also granted a five-year pretrial diversion and ordered to 
jointly pay $40 in restitution. If he fails the terms of his 
diversion, he will be sentenced to three years in prison. His case is 
also set for review Dec. 18, 2012.

Court records also list Mayes' address as 11350 Liberty Road in Elk Horn.

- - Joseph Michael Frankel, 25, of 916 Pecos Circle in Danville pleaded 
guilty to third-degree burglary, third-degree criminal mischief, 
possession of burglar tools and theft by unlawful taking more than 
$300. Frankel was granted a four-year pretrial diversion, sentenced 
to a year's probation and ordered to pay $50 in restitution.

If Frankel fails the terms of his diversion, he will be sentenced to 
five years in prison. His case is set for review Dec. 20, 2011.

Court records also list his address as 1150 Blue Bank Road in 
Hustonville and 330 Oak Crest Terrace in Jupiter, Fla.

- - Derek Scott Mardis, 22, of 300 Lowell Ave. in Campbellsville 
completed the terms of his diversion and had a theft charge against 
him dismissed. In December 2005, Mardis pleaded guilty to theft by 
unlawful taking more than $300. At that time, Mardis was granted a 
two-year pretrial diversion and ordered to pay $446 in restitution.

- - Anthony Wiley Mikulin, 24, of 70 Pickett Road, Apt. A, in 
Campbellsville pleaded guilty in two separate cases to first-degree 
selling cocaine, selling marijuana within 1,000 yards of a school, 
first-degree possession a cocaine, possession of drug supplies, 
having no insurance, failure to wear seat belts, failure to signal, 
tampering with physical evidence and alcohol intoxication. He 
originally faced a charge of first-degree selling cocaine, his second 
offense. That charge was amended to possession of cocaine.

Mikulin was sentenced to a year's probation on his misdemeanor 
charges. The prosecutor has recommended that Mikulin receive a 
additional five-year sentence on his felony charges. Formal 
sentencing is set for Feb. 5.

Court records also list his address as 516 Lebanon Ave. in Campbellsville.
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MAP posted-by: Richard Lake