Johnson’s probation is revoked in robbery case

By Joe P. Asher jasher@civitasmedia.com

July 18, 2014

An Evarts man who had been granted probation is on his way back to jail after having his probation revoked Thursday in Harlan Circuit Court.

Mathew Johnson, 22, was brought before Judge Henry Johnson for a probation revocation hearing stemming from his arrest on DUI and drug charges.

According to the Circuit Court Clerk’s Office, Mathew Johnson had been placed on shock probation after receiving a sentence of five years on charges of second-degree robbery, theft by unlawful taking and criminal mischief.

Assistant Commonwealth’s Attorney Karen Davenport handled the argument for revocation on behalf of the state, calling Harlan County Sheriff’s Deputy Britt Lipfird to the stand.

Lipfird testified he and Evarts City Police Officer William Clogston stopped Mathew Johnson for riding an ATV without a helmet. Mathew Johnson exhibited slurred speech and his pupils were dilated, according to Lipfird.

According to Lipfird, a sobriety test was administered, which Johnson failed to successfully complete.

Lipfird further testified that after Mathew Johnson was placed under arrest for DUI he was found to be in possession of marijuana.

Davenport asked Lipfird why Mathew Johnson was charged with trafficking in marijuana rather than just possession. Lipfird explained the trafficking charge was due to the amount of marijuana found on Johnson.

Lipfird testified the marijuana was found in Mathew Johnson’s right front pocket.

After hearing arguments from the prosecution and defense, Judge Henry Johnson ruled Mathew Johnson’s shock probation revoked.

With his probation revoked, Mathew Johnson was returned to custody to serve his five-year sentence.

Jason Edmond, 42, of Cumberland, was on the docket on charges of attempted murder, three counts of first-degree wanton endangerment of a police officer, three counts of wanton endangerment and convicted felon in possession of a firearm.

Judge Johnson advised Edmond’s attorney Laura Karem that his staff was working on locating a date for a competency hearing. Edmond’s case was continued until a date could be set.

In other court activity:

• Ricky Hobbs, 38, of Mary Alice, was sentenced on a charge of second-degree trafficking a controlled substance to two years in prison enhanced to 10 years. Hobbs was granted probation for a period of five years;

• Ralph Morgan, 39, of Baxter, was sentenced on a charge of second-degree trafficking to a total of three years probated for three years through drug court;

• Chris Lindsey, 30, of Evarts, was sentenced on two counts of trafficking a controlled substance to five years in prison, probated for five years through drug court. Lindsey was ordered to pay restitution totaling $175 to the Evarts City Police Department.

Joe P. Asher may be reached at 606-573-4510, ext. 1161 or on Twitter #joe_hde