Voyeurism case continued
SHERIDAN — Shaun Kobielusz, 38, appeared before 4th Judicial District Court Judge John Fenn Thursday for a pretrial conference. Kobielusz’s trial, originally set to begin Dec. 20, will now take place in 2022.
Kobielusz is accused of three counts of voyeurism, a felony punishable by up to two years in prison, a $5,000 fine or both.
Kobielusz’s attorney, Jeremy Kisling, filed motions to suppress evidence and continue the case ahead of Thursday’s hearing.
Kisling’s motion to suppress alleges Fourth Amendment issues related to law enforcement’s viewing of photos and videos captured by Kobielusz’s alleged hidden cameras prior to obtaining a search warrant in the case. Should the defense’s motion to suppress be successful, Kisling anticipated before the court, prosecutors may be required to drop two of the counts against Kobielusz.
The defense’s motion to continue the case, which would push Kobielusz’s original trial date of Dec. 20 to next year, was intended to allow time for the court and Deputy Sheridan County and Prosecuting Attorney Christina White to consider and respond to the motion to suppress. Although, prior to the motion to suppress, White said she was ready to begin Kobielusz’s trial Dec. 20, she explained her caseload and response to the motion to suppress would make it logistically impossible to proceed to trial so soon.
White said the quantity of information and evidence in Kobielusz’s case will require a four-day trial.
After consulting with one victim, who was present during the proceedings Thursday, Fenn granted the defense’s motion to continue the case. Although the court did not set a date for Kobielusz’s trial, Fenn anticipated the trial will likely take place in late winter or early spring 2022.
Missing defendant, missing bondsman continue to delay drug dealing case
SHERIDAN — The criminal case of Kishan Sangha, 34, remained stalled after a bond hearing Dec. 3. Neither Sangha nor the bondsman who requested the hearing before 4th Judicial District Court Judge John Fenn showed up.
Sangha is accused of two counts of possession of controlled substances — methamphetamine and heroin — with intent to deliver, a felony punishable by 20 years in prison, a $25,000 fine or both. Court documents allege investigating officers found 6 ounces of meth and 11.4 grams heroin in Sangha’s possession during a search in September 2020.
The defendant’s reason for not showing up to the hearing Friday: he’d been arrested in another jurisdiction. Since August, Sangha has been incarcerated at Fresno County Jail in his home state of California. Court officials, including Fenn, have known about Sangha’s incarceration since Sept. 13, when he failed to appear for an evidentiary hearing a week prior to his scheduled trial date.
After his failure to appear, Sangha’s bond was forfeited. As a result, Nick Beduhn of Freedom Fighters Bail Bonds filed a motion to recoup some of the funds his office had provided Sangha to fund his bond.
Because Beduhn failed to show Friday, however, Fenn denied the bondsman’s motion.
Sangha’s criminal case, parties agreed during the hearing, will be continued until he resolves his pending criminal case in California.
Man pleads not guilty to meth charges
SHERIDAN — Mason Sundstrom, 24, pleaded not guilty to two methamphetamine-related charges before 4th Judicial District Court Judge John Fenn during an arraignment Friday.
In October, court documents state, Sundstrom allegedly attempted to take meth into the Sheridan County Detention Center. He is charged with one count of transporting a controlled substance into a jail or penal institution, a felony punishable by up to three years in prison, a $3,000 fine or both, and possession of less than 3 grams of meth, a misdemeanor punishable by up to 12 months in jail, a $1,000 fine or both.
Court documents allege deputies found meth among Sundstrom’s property while booking him into county jail.
Sunderstrom pleaded not guilty to both counts. His two-day jury trial, Fenn said, would be scheduled at a later time.
Woman pleads not guilty to burglary, drug charges, released to care for relative
SHERIDAN — Sammi Jo Morehead, 33, pleaded not guilty to burglary and drug charges during her arraignment Friday. Fourth Judicial Court Judge John Fenn decided to release Morehead because of the defendant’s supervised probation requirements and caregiving responsibilities.
Morehead is charged with one count of burglary, a felony punishable by up to 10 years in prison, a $10,000 fine or both, as well as two counts of possession of controlled substances — methamphetamine and marijuana — both of which are misdemeanors punishable by up to 12 months in jail, a $1,000 fine or both.
Before Fenn, Morehead pleaded not guilty to all three charges.
Morehead’s defense attorney, Stacy Kirven, requested during the arraignment Morehead be released on a $10,000 unsecured bond. Kirven explained the defendant is already on supervised probation, the result of other matters in circuit court, and needed to be released to care for her mother, who suffers from severe health issues. Morehead, Kirven said, is her mother’s only caregiver.
Fenn agreed to modify the defendant’s bond accordingly. Morehead, Fenn said during the hearing, would be released Friday afternoon.
Morehead’s trial is scheduled to begin Apr. 18, 2022.
Man pleads guilty to possession, sentenced to three years supervised probation
SHERIDAN — Gary Davitt, 53, pleaded guilty to an amphetamine possession charge before 4th Judicial District Court Judge John Fenn Friday. Due to the defendant’s considerable health conditions, Fenn sentenced Davitt to 120 days in jail, which Davitt has already served, and three years of probation.
According to court documents, Davitt was originally charged with two counts of possession of misdemeanor-quantities of marijuana and amphetamines in May 2020. However, because the charges were Davitt’s third or greater possession offense, the crime was charged as felony possession of a controlled substance, which is punishable by up to five years in prison, a $5,000 fine or both.
Although Davitt was rearrested after failing to appear for a change of plea hearing months ago, Deputy Sheridan County and Prosecuting Attorney Christina White decided to offer Davitt his original plea deal, which dropped the marijuana possession charge in exchange for the defendant’s guilty plea to the amphetamines charge. The plea agreement recommended Davitt be sentenced to 120 days in jail and three years of supervised probation.
White said this kind of leniency was unusual, but she was willing to make an exception due to Davitt’s severe health concerns. Davitt is awaiting specialized surgery to remove a portion of his sternum, explained defense attorney Stacy Kirven, due to a previous chest infection.
Davitt’s condition was so concerning the Sheridan County Sheriff’s Office contacted several parties in the case requesting he be removed from the Sheridan County Detention Center as soon as possible to avoid possible reinfection in jail.
Because of these health issues, Kirven and White asked Davitt be allowed to serve his time on probation to receive the health care he needs.
Fenn accepted the plea deal.
“Good luck, Mr. Davitt,” Fenn said as the proceeding concluded.
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December 07, 2021 at 01:00AM
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