The Duncan Banner

Local News

March 18, 2007

8 receive prison

DUNCAN — Thursday and Friday in Stephens County District Court, District Judge Joe H. Enos considered the futures of several defendants who had already pleaded guilty to felony charges but requested pre-sentence investigation reports before their official sentencing.

Eight of those defendants were sentenced to prison, including one who received three life sentences.

Timothy Dwayne Mohler, 31, of Apache, was sentenced to three life sentences, which will run concurrently, after pleading guilty to sexual abuse of a child; failure to register as a sex offender; and enticing or persuading a child under the age of 16 to a secluded place. His crimes occurred in Comanche.

Assistant District Attorney Dennis Gay recommended the life sentences due to the “serious and shocking” nature of the crimes and Mohler’s previous criminal history.

“There is no other way to protect the public,” he said.

Judge Enos agreed, and so did the defendant.

Turning to the spectators, which included family members of his victim, Mohler said, “I apologize to you all for messing up your lives and everything. I don’t deserve to be out there.”

Mohler will not be eligible to begin earning points toward a possible parole until he is 69 years old.

Damon Cleveland Sours, 36, of Comanche, was sentenced to 15 years in prison, with seven years to serve and eight years to be on probation, for distribution of meth. He also received a five-year suspended sentence for knowingly concealing stolen property and was ordered to pay a total of $2,000 in fines, $7921 in restitution, and court costs.

Investigators with the DA’s Task Force documented two purchases of meth from Sours, one last July and one last August, which provided evidence to procure a search warrant from which drug paraphernalia and stolen merchandise was found.

Sours was arrested and charged in August, but while out on bond awaiting trial he tested positive for three drugs; meth, marijuana and an opiate, in January, and has remained in custody since that time.

Prior to his sentencing, as many as eight family members spent two hours speaking on his behalf. Cousins, siblings and parents all noted Sours’ strong work ethic and family values that were a part of his personality until six to eight months ago, when his drug use began.

Joseph Michael McCarthy, 29, of Duncan, was sentenced to a total of 15 years, seven incarcerated and eight on probation, for distribution of a controlled substance, and another 15 years on probation, to run consecutive to the first count, for unlawful possession of a controlled drug with intent to distribute. He also was charged a $1,500 fine on both counts, as well as court costs, and ordered to participate in drug counseling and treatment.

“Your list of previous convictions takes up a whole page, and you were dealing meth,” commented Enos.

Elizabeth Hernandez, 26, of Duncan, shared an apartment with McCarthy and was charged with one count of distribution of a controlled substance after law enforcement officials documented a meth purchase from her last September. She was sentenced to 15 years, with seven to serve and eight to spend on probation, along with a $1,500 fine, court costs, and requirements to earn a GED and participate in a the RSAT program (residential substance abuse treatment).

Jon Thomas Maye, 28, of Velma, was sentenced to a total of 55 years in prison on convictions for child abuse by injury and two counts of child neglect. The charges fall under the state’s 85 percent law, which means Maye will serve 34 years before being eligible to earn credits toward his parole.

Maye was arrested in October after his wife, Jamie, reported to police that her husband had repeatedly beaten her eight-year-old son with both his fist and a board. Two other children in the home, both toddlers, were also suffering from neglect, with infections needing medical attention. According to the police report, the house contained no food, had toilets that were not working but that had been used, beds with no mattresses, and other unsanitary conditions.

Assistant District Attorney Josh Creekmore described Maye’s actions as “depraved.”

But as his sentence was being considered, Maye told Judge Enos, “I realize I did wrong and I’m not proud of myself, but when you’re talking about 30 years you’re scaring the death out of me. I ask the court to show mercy. I have a history of drug abuse and I’d like to stop.”

Jamie D. Maye, 26, of Velma, was sentenced to a total of 10 years in prison, and with the 85 percent rule will serve eight and a half years before being eligible to earn parole points.

She received a 20-year sentence, with 10 of those years suspended, on the charge of enabling child abuse by injury. She also received 10-year sentences on two counts of child neglect.

The court noted that even though she eventually came to the police for help, she let the abuse go on for too long and failed to seek medical attention for her children.

All three sentences will be served concurrently. She was fined $1,500 on each count, and will be required to attend the RSAT program (residential substance abuse treatment).

“I’m sorry and ashamed of what I put my kids through,” she told the court.

William Brant Yancy, 30, of Chickasha, was sentenced to two consecutive four-year prison terms on two counts of aggravated assault and battery.

He was also fined $500 plus court costs on each count, and ordered to pay restitution of $1,342.

On Nov. 24, Yancy became angry at his girlfriend and hit her several times, breaking her arm. When a neighbor tried to help, Yancy broke his nose.

Assistant District Attorney Dennis Gay also warned Yancy that now, after two felony convictions, he would no longer be able to receive any probation time for any other convictions.

Yancy is awaiting trial on a manslaughter charge in Grady County, when a fist fight resulted in a man’s death. Tried twice already, the first trail ended in a mistrial and the second with a hung jury.

Jennifer Rebecca Smith, 25, of Marlow, was sentenced to 12 years in prison for unlawful possession of meth with intent to distribute after a former conviction of a felony; and to five years for knowingly concealing stolen property after a former conviction of a felony.

Both sentences will run consecutively. She was also fined $2,500 and $500 and ordered to pay court costs.

Drugs and stolen property were found in Smith’s car after a traffic stop by Marlow Police.

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