By Jeremy D. Wells
Carter County Times
Wendell Middleton was scheduled to enter a change of plea last Friday on charges of first degree sodomy and first degree sexual abuse, but delayed that change until he has a chance to consult further with his attorney. The 49 year old Grayson man has been housed in the Carter County Detention Center since June of last year, following his arrests on the charges in question, and was indicted by the grand jury in August of 2023.
His indictment states that he was charged with first degree sodomy for having “deviant sexual intercourse with a juvenile male,” a Class A felony, and with first degree sexual abuse for “having sexual contact with a juvenile male,” a Class D felony.
The public defender that Middleton has been working with was not present on Friday due to a medical issue. While another attorney from her office was present on her behalf, Middleton wasn’t satisfied that he had enough experience with the case to advise him on the nuances of his charges and potential sentencing. Specifically, Middleton had questions about whether he would be charged under statutes in place at the time of his arrest, or as they currently stand.
While it was not clear which statute Middleton was referring to, House Bill 254, signed into law by Governor Andy Beshear in 2021, increased some penalties for distributing pornographic materials that include images of minors. Other laws signed by the governor increase the statute of limitations on child sexual assault, extending the time for now adult victims to report the crime committed against them as children.
The Commonwealth did not object to delaying the plea once again, noting that Middleton’s regular public defender was not present, and the suspect was not comfortable with her colleague’s ability to answer his questions.
Judge Rebecca Phillips said that the precedent was for the courts to follow the law in effect at the time of the offense in most such cases. She also noted that there would be no further legislation passed before the case resolves. So, she said, “we just have to look at other situations,” where the law has changed for precedent.
Phillips redocketed the case for August 19, but advised Middleton that he would “have to be prepared to go forward at that time.”
In other action the court accepted a change of plea from Jacob Brainard after his charges were reduced by the Commonwealth. Brainard, who appeared on charges related to discharging a firearm outside of 606 Bar & Grill, pleaded guilty to an amended charge of second degree wanton endangerment – down from the original charge of first degree – and to second degree disorderly conduct. Six other charges of wanton endangerment were dropped as part of the plea deal.
Brainard, who claimed self-defense and has no prior criminal record, was sentenced to 12 months, conditionally discharged, on the first count. He was sentenced to 90 days in jail on the disorderly conduct charge. He was further ordered to have no contact with anyone related to the restaurant and bowling alley, and to stay off the premises. He is also forbidden from handling or possessing firearms for the length of his sentence and conditional discharge.
Timothy Howard entered a plea of guilty and was sentenced to two years and one day on an amended charge of first degree wanton endangerment. Howard was originally charged with second degree assault (domestic violence), but the Commonwealth reached the plea deal with input from the victim. Howard was further ordered to pay $8,500 in restitution to the victim, which his attorney said has already been paid, and ordered to stay away from the victim and the Carol Malone Dollar General store.
James Liles entered pleas of guilty to an amended count of possession of a controlled substance, drug unspecified, and possession of drug paraphernalia in one case, earning sentences of six months and 90 days, to run concurrently. They will also run concurrently with Liles’ sentence in a second case, for first degree trafficking in carfentanil or fentanyl derivatives, second offense. Sentencing will be conducted at a future date in that case, but the Commonwealth’s offer, which has been accepted, is for 10 years, at least 50 percent of which must be served before Liles could be eligible for parole.
The Commonwealth noted that charges in the first case against Liles were reduced to possession of an unspecified drug due to a slow response from law enforcement in submitting the seized drugs to a lab for testing.
Tiffany Cyrus entered a guilty plea on charges of operating a motor vehicle under the influence and an amended charge of possession of two or more grams of methamphetamine, instead of the original charge of trafficking. Cyrus was sentenced to 30 days on the first charge, to run concurrently with the one year of time and court costs of $165 she was ordered to pay in the possession charge.
Anna Stamper entered a plea of guilty on charges of first degree possession of heroin and third degree possession of an unspecified drug. The judge recommended three years, probated, on the first charge and six months, probated, on the second, with sentencing to occur on August 19.
Finally, in the case of Krista Porter, Judge Phillips signaled her unwillingness to accept recommendations from the county to drop flagrant non-support charges against the suspect in one of the two cases that Porter was facing time under for probation violations. Porter, or Porter Fultz as she is named in a more recent indictment, has ten years of time hanging over her head in those probation violation cases. This is in addition to any time she might have to serve in a second case – the one which led to the probation violations in the previous 2019 and 2022 cases.
Porter entered a guilty plea on those two counts, each for trafficking in two or more grams of methamphetamine, with the judge recommending 5 years on each count, to run concurrently. However, those concurrent sentences will run consecutively to any time – up to five years on each violation for a total of up to ten years – on those probation violations. This means Porter could serve up to 15 years on all charges.
The Commonwealth stated that despite this, they did not believe Porter was the primary party involved in the trafficking charges. However, as her co-defendant in the case has now passed away she alone will serve any time related to their offenses.
Contact the writer at editor@cartercountytimes.com
