The Morehead News

June 26, 2009

Rowan grand jury indicts 21

By Stephanie Ockerman - Managing Editor

A local man was indicted by a Rowan County grand jury June 19 on 22 counts involving sexual or obscene material.

Brandon Gross, 24, was indicted on four different charges, including unlawful use of electronic means to induce a minor to engage in sexual or other prohibited activities, distribution of obscene material to minors, possession of matter portraying a sexual performance and use of a minor in a sexual performance.

An indictment is only a formal charge representing one side of a case and does not establish guilt.

A representative of the Kentucky State Police Electronic Crimes division testified that Gross allegedly used his cell phone to send pictures displaying his genitals in a sexual act to a female he believed to be 16 years old.

Gross also is accused of inducing a minor to engage in a sexual performance in which she exposed various parts of her body by cell phone. This charge is punishable by 5-10 years in prison.

Distribution of obscene material to minors is a misdemeanor offense. The other charges are punishable by 1-5 years in prison.

The alleged acts occurred from November 2008 to Feb. 13, 2009, according to the indictment.

Also indicted were:

• William E. Moore, 50, for second-degree burglary when he allegedly entered the home of Justin D. Johnson with the intent to commit a crime.

He also is charged with being a persistent felony offender because on April 4, 2006 he pled guilty to forgery.

• Daniel S. Wallace, 26, for third-degree burglary when he allegedly entered Save-A-Lot store with the intent to commit a crime on May 5.

Wallace also was charged with first-degree criminal mischief, resisting arrest and being a persistent felony offender because on Feb. 17, 2006 he pled guilty to driving under the influence.

• Joshua Edward Austin, 18, for first-degree wanton endangerment when he allegedly put his vehicle in reverse and drug Timothy Fultz several feet across a parking lot on April 15.

Austin also was charged with two counts second-degree assault when he allegedly stabbed James Fultz in the hand and allegedly stuck his finger in the eye of Zachary Hinton, causing his eyeball to be pushed out of its socket.

• Robin R. Wagoner, 34, for allegedly operating a motor vehicle under the influence of alcohol, driving on suspended license for DUI, failure to maintain required insurance, and two counts first-degree wanton endangerment because she had two children in the car on March 15.

• Justin B. Cantrell, 20, for fraudulent use of a credit card when he allegedly ordered merchandise from Hollister Company from the Internet using a computer at the home of John Roberts and charging the amount to a state credit card owned by Roberts on April 20.

• Robert Lee Howard, 51, for flagrant nonsupport when he allegedly failed to provide $7,959.21 in child support from Nov. 1, 2006 to April 30, 2009.

• Emerson D. Trent, 29, for two counts promoting contraband and two counts trafficking in a controlled substance when he allegedly brought oxycodone and Alprazolam into the Rowan County Detention Center and tried to sell the pills on Dec. 20, 2008.

• James Christopher Mullins, 29, for two counts possession of a controlled substance when he allegedly had oxycodone and Alprazolam in his possession.

Mullins also was indicted for operating a motor vehicle under the influence and possession of a controlled substance not in original container on Feb. 13.

• Julie Eaglebarger, 27, for possession of a controlled substance when she allegedly had oxycodone in her possession on March 3.

Eaglebarger also was indicted for possession of drug paraphernalia and possession of marijuana.

• Ashley Ashley, 25, for second-degree criminal possession of a forged instrument when she allegedly had a $1,700 check bearing the forged signature of Jennifer Clark and passed to Irene Elam of Morehead on Oct. 24, 2008.

• Jarvis L. Dehart, 23, for second-degree criminal possession of a forged instrument when he allegedly had a $125 check bearing the forged signature of Thomas Dehart and attempted to cash the check at Fin, Fur and Feather on May 10.

• Lisa McKenzie, no age available, for two counts second-degree criminal possession of a forged instrument when she allegedly had two $200 checks bearing the forged signature of Anthony Mabry and cashed at Johnson’s Store in Morehead on March 31.

• James M. Smith, 45, for three counts first-degree criminal possession of a forged instrument when he allegedly had two fake $20 bills and attempted to pass them at White’s Ready Mart and Texaco Station on April 27. The third count involved the alleged possession of $640 in fake $20 bills in the floorboard of his car.

Smith also was charged with being a persistent felony offender because he was convicted of assault and receiving stolen property in Michigan.

• Ryan Avery Stewart, 21, for seven counts second-degree criminal possession of a forged instrument when he allegedly had $12,100.15 in fake money orders and cashiers checks that were deposited into other’s checking accounts or that he attempted to pass at a U.S. Post Office from Feb. 11 to April 24.

Stewart also was charged with being a persistent felony offender because he pled guilty to possession of cocaine and marijuana in Georgia in 2008.

• Sheila Troxell, 38, for second-degree criminal possession of a forged instrument when she allegedly cashed a $971.43 forged check drawn on the account of Martin Cockriel Stables from Colorado on Dec. 17, 2008.

• Ronnie Cole Jr., 24, for second-degree criminal possession of a forged instrument when he allegedly cashed a $971.43 forged check drawn on the account of Martin Cockriel Stables from Colorado on Dec. 31, 2008.

• Nathan C. Crum, 28, for second-degree burglary when he allegedly remained in the home of John E. Skaggs with the intent to commit a crime on Jan. 22.

Crum also was indicted for receiving stolen property for allegedly having items stolen from Skaggs’ home and being a persistent felony offender. Crum was convicted of receiving stolen property in 2007 and driving under the influence in 2002 in Rowan County.

• Emerson D. Trent, 27, for second-degree burglary when he allegedly remained in the home of John E. Skaggs with the intent to commit a crime on Jan. 22.

• Fred D. Brown, 31, for flagrant nonsupport when he allegedly failed to provide $5,673.78 in child support from May 1, 2000 to June 15, 2009.

• A superseding indictment was handed down against Daniel Thompson, 27, for two counts possession of a non-narcotic controlled substance, a misdemeanor. He was indicted in December 2008 for the murder of Michael Lucas.