Calhoun Circuit Court was in session on Tuesday, December 19th, 2023 with the honorable Anita Harold Ashley presiding. Edward Fields, having been previously indicted for Count 1- Receiving or Transferring Stolen goods, Count 2- Possession of Stolen vehicle, had both charges dismissed because witnesses were not available due to the fact that they are currently under indictment as well.
In case 23 F 13, State vs. Gelinda Jean Skaggs, Attorney John Balenovich made a motion to continue to further prepare for trial. There is currently an offer for a plea available for Ms. Skaggs. Trial has been set for January 30th, 2024 at 9 a.m.
In case 23 F 12 State vs. Stephen Dwayne Kilgore appearing with Counsel Daniel Minardi, a joint motion was made by Attorney Minardi and Prosecutor Michael Hicks to continue then case. Parties are negotiating for an agreement to be reached. Case continued to February 1st, 2024 at 9 a.m. for status to see if the case is resolved and set for trial on February 13th, 2024 if not.
In the case of State vs Christopher Lee Remele, 23P17, a petition and modification to sentence was filed. A plea agreement for possession of marijuana in a 2021 case had been entered into, but a motion to revoke probation in August was made because of a positive drug screen. Remele had been Incarcerated on August 14th, 2023 and released on a post conviction bond with home confinement shortly thereafter. He has since completed a recovery program at St. Joseph Recovery Center on October 30th. Attorney Daniel Minardi informed Judge Ashley that he believed Chris could now comply with any special terms and should be removed from supervised probation due to having significant health needs including Cancer medications and needed to be released. A reduction of sentence with credit for time served was requested. However, Prosecuting Attorney Michael Hicks said that the probation has been attempted previously and was violated with methamphetamine, a harder substance than he had been arrested for. He further said that although the State recognizes that he finished St. Joe recovery, Hicks believed that it was only because he had been on Supervised Probation since that time that he remained clean. “We recognize that he does well with supervision,” Hicks said, “But I don’t think now is the time to let up on supervision. He will continue to do well if he is on supervision, if not we’ll be back in the same mess we’re in.”
Judge Ashley agreed and the sentence remained with two months of Supervised Probation remaining.
Jason Smith, who was incarcerated following a probation violation in case 23 f 3 requested to be released to attend a long term treatment center at Recovery Point. Attorney Daniel Minardi told Judge Ashley that Smith could enter the treatment center effective this date if allowed and that Smith understands that he should go into long term treatment. He added that it would be in his and the State’s best interest for him to attend.
Prosecuting Attorney Hicks rebutted that the defendant was given leniency and had three violations of probation causing it to be revoked. One of the revocations was because he refused to go to a long term treatment. It was a clear choice that it was treatment or prison. Hicks stated “The state is not sure about his sincerity for getting treatment. In light of his previous opportunities and refusal to comply. He should be kept where he is.”
Although Attorney Minardi argued that he was sincere now and he believed his client would comply; and Mr. Smith himself told Judge Ashley “I want this chance, I won’t mess it up I promise. I can do it.” The Judge then asked why he did not take treatment when it was offered? Smith responded, “I was scared. I messed up and I’d like to have the chance to show you I can do it.”
Judge Ashley denied his requesting saying “I’m going deny it because you had the chance and refused. You’re recommended for the RSAT program. I gave you the opportunity, and you didn’t do it. I’m not going to change my rule. Good luck in the RSAT program and I hope we can see you cleaned up and we won’t see you in the courts again.”
