Defendants appear in court
Defendants Mitchell Kelley, Nocha Brewer, James D. Wade and Cory Moore appeared on July 19, in Tyler County Circuit Court, with Judge David W. Hummel, Jr., presiding.
Mitchell Kelley, age 19, who entered a not guilty plea to one felony count grand larceny earlier this year, appeared with his attorney, John Gainer and pleaded guilty to the misdemeanor charge of entering without breaking via a plea agreement with the court. The felony count was dismissed.
Kelley explained to Judge Hummel that he and two other people were en route to a party one evening. Kelley became separated from his companions and upon returning saw they had a bow in their possession, which they had taken from a vehicle.
The three fled on foot but law enforcement caught Kelley and placed him under arrest. The other two participants were friends of Kelley’s and were juveniles who were prosecuted in juvenile court.
“I was there, and that’s why I’m pleading guilty,” said Kelley.
Judge Hummel sentenced Kelley to one year in North Central Regional Jail, credit for time served, sentenced suspended, and two years probation, as well as restitution payments.
“Good luck to you, Mitchell,” the judge told Kelley.
Nocha Brewer, who pleaded not guilty to three counts in March – felony malicious assault, misdemeanor leaving the scene of an accident involving personal injury, and misdemeanor domestic batter -appeared with her attorney, John Gainer, and was informed that a court-ordered psychiatric evaluation had found her competent to stand trial.
A trial date was set for Aug. 8 by Judge Hummel.
Brewer is charged with striking a pedestrian with a vehicle with the intent to “maim, disfigure, disable, or kill”. The incident occurred on Dec. 24, 2011.
James D. Wade, appearing with his attorney, John Gainer, was denied a motion to dismiss charges and ordered to return to court Aug. 16. A $20,000 cash/surety bond was ordered by the court and upon payment, Wade was to be placed on home confinement.
Wade is charged with driving on revoked/suspended license and allegedly test ing positive for opiates and benzoates at the time of his latest arrest.
Cory Moore, who appeared with his attorney, David White, waived his preliminary hearing and was ordered to appear in court Aug. 16 for further proceedings.