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RAYMOND CARTY FOUND GUILTY OF DOMESTIC ASSAULT IN THE SECOND DEGREE

The Christian County Prosecuting Attorney’s Office announced today that Raymond L. Carty III, dob: 7/30/1979 of Ozark, Missouri was found guilty of the class C felony of domestic assault in the second degree after jury trial on March 19-20, 2012. The trial was presided over by the Honorable Mark Orr. Defendant was then taken into custody with a $50,000 cash/surety bond.

On May 6, 2011, officers were dispatched to a location in Ozark, Christian County, Missouri for a domestic disturbance. Officers made contact with victim L.J. who was standing in the front yard of the residence. L.J. stated that her and her live-in boyfriend had been arguing. L.J. stated that she was standing at the sink in her kitchen when defendant picked up a boiling pot of water and poured it onto her neck and shoulders. Officers noted redness to her neck and shoulders. L.J. was treated at a local hospital for first and second degree burns. Defendant stated that he and L.J. had been arguing when he accidentally burned her with he picked up a pot of boiling water off of the stove.

Sentencing is set for May 4, 2012 at 1:00 pm. The range of punishment for a class C felony is one day to one year in the Christian County Jail or two years to seven years in the Department of Corrections and/or up to a $5000 fine.

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ASSISTANT PROSECUTOR PRESENTS AT “PROTECTING LIVES, SAVING FUTURES”

Christian County Prosecuting Attorney, Amy J. Fite announced today that Assistant Prosecuting Attorney, Benjamin J. Miller was invited to speak at the 2012 “Protecting Lives, Saving Futures DWI” conference for the State of Missouri this past week.  “Protecting Lives, Saving Futures” is a course that was created by the National Highway Traffic Administration (NHTSA) for law enforcement professionals and prosecutors around the nation that focuses on aggressive and effective DWI detection, investigation, and prosecution.  Mr. Miller’s presentation focused on combating common defense challenges.  Mr. Miller also spent time discussing the effectiveness of Christian County’s “No Refusal” program and shared ideas and resources to other agencies in order to help them start their own programs.

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PAUL ROSE CONVICTED OF STATUTORY SODOMY

Christian County Prosecuting Attorney, Amy J. Fite announced today that PAUL ROSE, dob: 5-17-1966 of Highlandville, Missouri was found guilty by a Christian County jury after a three-day trial of the unclassified felony of statutory sodomy in the first degree. The jury deliberated a little less than two hours before reaching their guilty verdict. The trial was presided over by Christian County Circuit Judge Mark Orr. Prosecuting Attorney, Amy J. Fite presented the case for the State of Missouri. Immediately following the guilty verdict the defendant was taken into custody to await sentencing.

Formal sentencing is set for April 20, 2012 at 1:00pm. The unclassified felony of statutory sodomy in the first degree is punishable by life imprisonment or a term of years not less than five years in the Missouri Department of Corrections. Under Missouri Law PAUL ROSE will have to serve eighty-five (85) percent of any sentence he receives before being eligible for parole.

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TERRY RUFF’S CONVICTION FOR CHILD MOLESTATION IN THE SECOND DEGREE AFFIRMED BY THE COURT OF APPEALS

The Christian County Prosecuting Attorney’s Office announced today that the conviction of Terry W. Ruff, dob:  10/22/1991, of Ozark, Missouri was affirmed by the Court of Appeals on January 19, 2012.  Ruff was found guilty after a jury trial presided over by Judge Larry Luna on December 7, 2010 of child molestation in the second degree.

Oral arguments were heard at the Court of Appeals, Southern District, on January 10, 2012.  Assistant Prosecuting Attorney Janette Bleau prepared the State’s brief and argued the State’s position at the Court of Appeals.

Ruff appealed his conviction raising two points: (1) the videotaped interview of Ruff at the Ozark Police Station by Detective Southard was a result of an unlawful seizure and (2) his waiver of his Miranda rights was unknowing and voluntary.  The Court of Appeals ruled that Point 1 had not been preserved for appeal because during the trial the defense attorney did not object to the video tape as being a result of an unlawful seizure.  On Point 2, the Court of Appeals ruled that Ruff’s waiver of his Miranda Rights was knowing and voluntary.

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RYAN F. DAUGHERTY FOUND GUILTY OF A RESISTING A LAWFUL DETENTION AND ASSAULT OF A LAW ENFORCEMENT OFFICER

The Christian County Prosecuting Attorney’s Office announced today that Ryan F. Daugherty, dob: 1/10/1983, of Nixa, Missouri was found guilty after a jury trial presided over by Judge John Waters on January 26, 2011.

Evidence presented by the State showed:  On September 20, 2010, Sgt. Bybee was dispatched to a residence in Nixa, Missouri for two males fighting.  When Sgt. Bybee arrived within a few minutes of being dispatched, he saw a male, Ryan Daugherty in the driveway of the residence.  Sgt. Bybee exited his vehicle and approached the suspect.  Daugherty then began walking away, Sgt. Bybee told Daugherty to stop, Daugherty continued to walk away, Sgt. Bybee again told Daugherty to stop, but Daugherty ran behind the home.  Sgt. Bybee pursued Daugherty around the back of the house.  A woman exited the residence on the side of the home Daugherty ran to, and then Daugherty exited the home in an aggressive manner and yelling at the officer.  Sgt. Bybee was unable to speak with Daugherty due to Daugherty’s angry and aggressive manner.  For officer safety, Sgt. Bybee then grabbed Daugherty off the deck he was standing on.  Both fell to the ground and as Sgt. Bybee got up, Daugherty, from a crouched position, lunged at the officer and grabbed him around his torso trying to push the officer off balance.  Sgt. Bybee was unable to free himself from Daugherty’s grasp until back up officer,  Officer Donohue,  arrived to assist.

The range of punishment for each class A misdemeanor is up to one thousand dollars ($1000.00) and up to one (1) year in the county jail.  The case is set for February 27, 2012 for arguments on post-trial motions.

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