J.D. BAILEY
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While appearing in Columbia County criminal court Thursday, Charles Elliott, 18, and Erica Shryock, 19, the parents of a then 15-day-old Magnolia infant who on May 14 suffered 75-100 rodent bites, were issued trial dates of January 24-25 by Circuit Judge David Talley. The issuance came around 11:30 a.m. yesterday as the court was informed by the defendants’ counsel, Joseph E. Churchwell of Hot Springs, that his clients had turned down the undisclosed plea deal from local Deputy Prosecuting Attorney Ryan Phillips.
“The state believes they have completed all discovery necessary in this case,” Phillips said Thursday. “We are ready to have this [case] scheduled for trial.”
When asked by the judge if Churchwell had any rebuttal to the state’s claim, the attorney only replied that he and his clients had not officially turned down the deal yet, but after conferring with both Elliott and Shryock Thursday morning, he agreed that the plea would be declined.
Talley next pointed out that the two accused individuals, who also share legal representation, had not yet agreed to a consolidated trial – meaning instead of two separate proceedings, the case would be resolved during a singular jury trial for both Elliott and Shryock since their charges are nearly identical. Phillips said that, after being in frequent contact with Churchwell recently on the issue, he would file a motion to consolidate the trial.
“I don’t anticipate at this time that that is going to be opposed,” Phillips said.
Churchwell agreed and had no issue with the consolidation motion being filed.
After hearing from both sides, Talley issued a pre-trial motion filing deadline of Monday, Nov. 6, and a pre-trial hearing date for the morning of Thursday, Dec. 7. He also issued a final pre-trial plea agreement cutoff date of Thursday, Jan. 4, 2018, roughly three weeks before the scheduled jury trial.
If a resolution is reached in the case before the previously stated dates, the legal parties are eligible to appear in circuit court at another, earlier date. According to the Oct. 19 criminal court docket issued by the circuit judge’s office, both Elliott and Shryock are charged with permitting the abuse of a child and endangering the welfare of a minor-first degree. The felonies carry a maximum combined prison sentence of 26 years in the Arkansas Department of Corrections and fines totaling $25,000. Elliott is also charged with aggravated assault, also a felony in Arkansas. The parents are currently incarcerated at the Columbia County Detention Center. Shryock’s bond is set at $15,000, while a slightly higher $15,735 bond would be required for Elliott’s release.
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Other cases and results of note from criminal court Thursday include the following:
Kenneth Deswar Johnson was sentenced to five years probation after submitting a guilty plea for possession of a controlled substance-less than 2 grams (methamphetamine), possession of a controlled substance, (marijuana) with purpose to deliver, and possession of paraphernalia to manufacture. Johnson was also charged with driver’s license required and speeding, but both counts were dropped by the state. With Thursday’s guilty plea, Johnson is now a four-time convicted felon when including his prior 1999 conviction for aggravated robbery.
Annah Lea Aultman was sentenced to five years probation after pleading guilty to possession of a controlled substance-less than 2 grams (methamphetamine) and possession of drug paraphernalia to ingest, inhale, etc. She was also charged with driving on a canceled/suspended or revoked license, but the charge was dropped by the state.
Pre-trial hearings or appearances were also held Thursday for Henry Dale Cooper, charged with commercial burglary and theft of property under or equal to $1,000; Lance Deandrea Cooper, charged with simultaneous possession of drugs and firearms, offenses relating to records, maintaining premises, etc. in drug free zone, possession of meth or cocaine with purpose to deliver, use or possession of paraphernalia to manufacture, etc. (meth/cocaine), possession of firearm certain persons, and theft by receiving; Louis Steven Bailey, charged with possession of firearm by certain person; Paul Edward McBride, charged with possession of a controlled substance (meth/cocaine); and Robert Wayne Glass, charged with commercial burglary, breaking or entering, theft of property over $5,000 but under $25,000, and criminal mischief.
The next Columbia County criminal court date is scheduled for 9 a.m. on Thursday, Nov. 2.