Nelson Circuit Court Indictments–Sept. 7, 2011

STAFF REPORT

Editor’s Note: The indictment of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.

Thursday, Sept. 8, 2011, 5:30 p.m. – The following people were indicted by a Nelson County grand jury on Wednesday, Sept. 7, 2011. They are set for arraignment in Nelson Circuit Court on Sept. 22, 2011, unless otherwise indicated.

11-CR-223. Phillip Wayne Vittitow, 53, Boston, trafficking in marijuana, less than 8 ounces.

According to the indictment, on Jan. 27, 2011, Vittitow allegedly possessed 8 ounces or less of marijuana with the intent to sell. Bail was set at $5,000 cash only plus conditions.

11-CR-225. Phillip Wayne Vittitow, 53, Boston, trafficking in marijuana, less than 8 ounces.

According to the indictment, on Dec. 29, 2010, Vittitow allegedly possessed 8 ounces or less of marijuana with the intent to sell it. Bail was set at $5,000 cash only plus conditions.

11-CR-226. Cynthia Elizabeth Humphrey, 27, New Haven, theft by unlawful taking.

According to the indictment, on Feb. 25, 2011, Humphrey allegedly took cash having the value of $500 or more but less than $10,000 belonging to another person. Bail to be set at arraignment, plus conditions.

11-CR-227. William Cody Smith, 21, Bardstown, receiving stolen property.

According to the indictment, between March 31-April 1, 2011, Smith allegedly received, retained or disposed of a 42-inch Sanyo television belonging to another person, the television having a value of more than $500 but less than $10,000. Bail was set at $5,000 cash only plus conditions.

11-CR-228. Marsha Lynn Rust, 32, Bardstown, unlawful access to a computer, first-degree; fraudulent use of a credit card or debit card (2 counts); theft of identity of another without consent.

According to the indictment, between May 1-Aug. 1, 2011, Rust allegedly used a credit card belonging to another person to obtain money in the mount of $500 or more but less than $10,000. The indictment further states that Rust allegedly stole the individual’s identity by applying for credit card in another person’s name. Bail was set at $9,500 cash onlyi plus conditions.

11-CR-230. Joshua M. Apted, 28, Boston, sexual abuse, first-degree, victim under 12 years old.

According to the indictment, between Jan. 1 – July 31, 2011, Apted allegedly subjected a juvenile age 12 or under to sexual contact. Bail was set $5,000 cash only plus conditions.

11-CR-231. Christopher Wiggington, 34, Bloomfield, assault, second-degree; persistent felony offender, second-degree.

According to the indictment, on July 9, 2011, Wiggington allegedly struck an individual in the face two times breaking his jaw. The indictment further cites Wigginton’s previous convictions in connection with the persistent felony offender charge. Bail was set at $9,500 cash only plus conditions.

11-CR-232. Brandon Eugene Humphrey, 29, Bardstown, receiving stolen property; persistent felony offender, first-degree.

According to the indictment, between June 16-17, 2011, Humphrey allegedly received, retained or disposed of doors — having the value of more than $500 but less than $10,000 — that belonged to another person knowing or having reason to believe they were stolen.  The indictment further cites Humphrey’s previouis convictions in connection with the persistent felony offender charge. Baill was set at $5,000 cash only plus conditions.

11-CR-233. Joseph Darren Bartley, 30, Bardstown, tampering with physical evidence.

According to the indictment, on June 8, 2011, Bartley allegedly concealed a “Wizzinator” in his pants upon a request for a urine sample from Probation and Parole officials. Bail was set at $5,000 cash only plus conditions.

11-CR-234. Anthony C. Kapetanios, 19, Bardstown, criminal mischief, first-degree and complicity to same.

According to the indictment on June 22, 2011, Kapetonios, acting alone or in concert with a juvenile, allegedly damaged property belonging to someone else having a value of $1,000 or more. Bail was set at $5,000 cash only plus conditions.

11-CR-235. Gary Christopher Jolley, 35, Elizabethtown, possession of a forged instrument, second-degree (3 counts); theft by unlawful taking under $500 (3 counts); persistent felony offender, first-degree.

According to the indictment, on March 24, 2011, Jolley allegedly possessed three forged checks and passed them at Kroger and Dollar General Market, said checks having the value of less than $500. The indictment further cites Jolley’s previouis convictions in connection with the persistent felony offender charge. Bail was set at $25,000 cash only plus conditions.

11-CR-236. John Essex, 48, Springfield, flagrant non-support; persistent felony offender, first-degree.

According to the indictment, from Oct. 1, 1990 through Aug. 31, 2011, Essex allegedly failed to provide support he was ordered to pay, resulting in an arrearage of $18,292.99. The indictment further cites Essex’s previous convictions in connection with the persistent felony offender charge. Bail was set at $9,500 cash only plus conditions.

11-CR-237. Dan Edward Atwell, 37, Bardstown, sexual abuse, first-degree (3 counts); assault, fourth-degree.

According to the indictment, sometime between Nov. 1, 2008 and June 1, 2011, Atwell allegedly engaged in sexual contact with another person by use of forcible compulsion. He is also charged with grabbing a person around the neck and forcing them into a bedroom.  Bail was set at $9,500 cash only plus conditions.

11-CR-238. Ashley A. Salonia, 29, Cave City, flagrant non-support, persistent felony offender, second-degree.

According to the indictment, from March 1, 2007 through Aug. 31, 2011, Salonia allegedly failed to pay support he was ordered to pay, resulting in an arrearage of $7,632.14. The indictment further cites Salonia’s previous convictions in connection with the persistent felony offender charge. Bail was set at $9,500 cash only plus conditions.

11-CR-239. William Francis Auberry, 19, New Haven, receiving stolen property.

According to the indictment, on Feb. 9, 2011, Auberry allegedly received, retained or disposed of a Dewalt saw belonging to another individual, knowing it was stolen or having reason to believe it was stolen, the saw having a value of $500 or more but less than $10,000. Bail was set at $5,000 cash only plus conditions.

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