Municipal Court
Published 12:00 am Friday, July 1, 2016
By Emily Williams
After a lenghty trial, Judge Jay Westfaul found overwhelming probable cause ruling a man guilty of DUI during Batesville Municipal Court.
Joshua Floyd, 307 Fifth St., Marks, was represented by Attorney Bryson for DUI-first with a blood alcohol level of .13.
Officer Steve McClarty testified he responded to dispatch calls reporting an unresponsive man sitting in the middle of the intersection of Hwy. 6 West and Eureka.
McClarty testified on July 14 at 5:55 a.m. he approached the vehicle the defendant was sitting in, a black Town Car still running and still in drive.
“I couldn’t get a response so I opened the passenger door. His eyes were closed,” McClarty testified.
The officer said once he was able to get the defendant out of the car he noticed the man urinated on himself and thought he was at Love’s gas station located on the other side of town.
“I smelled an intoxicating odor,” he said.
For safety reasons the officer took the keys out of the igintion until another officer could move the car out of harm’s way due to it being in the middle of the intersection.
The officer testified he was certified in field sobriety. He also gave the defendant an intoxilizer test once they arrived at the police station about 20 minutes later.
The defendant failed the test.
The officer also had video footage as evidence showing the defendant stumbling as he got out of the car.
In Floyd’s defense, his lawyer, Bryson, asked the officer, “What was he wearing? How long have you been certified? How many DUIs have you written?”
During ruling, the judge said, “I saw the video. He’s guilty.”
Floyd was fined $779 and ordered to attend MASEP classes along with losing his driver’s license privileges.
He also had old fines of $502 due since November 2013. The judge told him to have the fines paid within 30 days.
After a preliminary hearing, Cedric D. Taylor, 208 Jeffries St., Batesville, was referred to the grand jury for rape.
During testimony the defendant chose to remain silent after Detective Justin Maples testified.
Detective Maples testified a female victim reported she was raped in city limits on June 14.
She stated the night before she was hanging with friends drinking. The detective said she reported after midnight Taylor started to assault her and took her into a room and locked the door.
“She said she was fighting and ran and he grabbed her by the throat and threw her on the bed. He pulled a shotgun on her and forced her on to the bed,” Maples continued.
The rape kit was still at the crime lab.
“He admitted, but said it was consentual. She had bruises on her eye and chest,” Maples testified.
Taylor requested a bond reduction from his original $50,000 cash bond. The judge granted a $25,000 bond and made a no contact order.
“You are not to be any where around the victim or the family,” he ordered.
The case will be heard in a higher court.
Jimmy Robertson, 4016 Cotton Plant Rd., Batesville, was referred to the grand jury for grand larceny.
Joyce Ann Robertson, 4016 Cotton Plant Rd., Batesville, was referred to the grand jury for grand larceny.
Alanna L. Nichols, 304 Enid Teasdale, Enid, was referred to the grand jury for felony possession of controlled substance.
Kathy Caine, 2187 Hwy. 6 East, Sardis, was referred to the grand jury for felony possession of controlled substance.
Antonio C. Harris, 126 Field St., Batesville, failed to appear to answer charges for possession of paraphernalia and no seat belt. A warrant was issued.
John R. King II, 414 Darby Ave., Batesville, was fined $383 for possession of paraphernalia. Quitman has a hold.
Jessica L. Benson, 1040 Plum Point Rd., Pope, failed to appear to answer a possession of paraphernalia charge. A warrant was issued.
Jarmaine M. Scott, 207 East Holly, Charleston, failed to appear to answer charges for simple possession of marijuana and no driver’s license. A warrant was issued.
Lee Andrew Hamilton, 102 Bradford, Batesville, paid fines of $838 in full prior to court for possession of marijuana in a vehicle and no tag lights.
Quadaris Jerome Cole, 1548 Rickhill Rd., Sardis, entered a guilty plea to simple possession of marijuana. He was fined $443.
Tommy W. Wortham, Hwy. 51 South, Batesville, entered a guilty plea to simple possession of controlled substance and simple possession of marijuana. He was fined $886.
Javorius D. Vaughn, 126 Field St., Batesville, had a warrant issued for arrest after failing to appear to answer charges for possession of marijuana in a vehicle, driving while license suspended and old fines of $762 due since June 2016,
Tommy Lee Wright, 139-A Todd Rd., Batesville, entered not guilty pleas to possession of marijuana in a vehicle, open container, no driver’s license and possession of marijuana. He also had old fines of $758 due since January 2016.
A trial was set for August 10. The judge also told him to have his fines paid in full by the trial date also.
Gregory T. Knight, 1660 Bell Rd., Courtland, entered a guilty plea to possession of marijuana in a vehicle, no seat belt and no driver’s license. He was fined $1,099.
Jillya Dillard, 943 N. Erwin Rd., Stonewall, failled to appear to answer shoplifting charges. Alright Bonding was notified.
Elbert Campbell, 210 King St., Batesville, entered a guilty plea to DUI. He was fined $779.
Michelle L. Taylor, 198 James St., Batesville, had old fines of $1,666 due since October 2013. The judge told her to return July 27 with arrangements to pay the fines.
Dekedris McMillan, 379 Tubbs Rd., Batesville, had old fines of $3,196 due since March 2016. He was sentenced to time served for the 70 days he spent in jail awaiting trial. He was indicted for the grand jury for grand larcency charges.
Felicia Oliver, 1607 Sardis Rd., Sardis, was found guilty for expired driver’s license and switched tag after a short trial.
George I. Gross Jr., 2881 Terza Rd., Batesville, had a simple assault case dismissed after the affiant, Ajayi Clark failed to appear to prosecute.
Tiffany Frierson, 4 Rubin Dr., Oxford, failed to appear to answer contempt of court-old fines of $647 due since November 2015.