July 12, 2001

Court Hands Down Sentences In Two Local Felony Cases

Sentences were handed down by the court in two felony cases heard during recent Scotland County Circuit Court law days.

On May 7, Danny Simerl was found guilty of the class D felony of unlawful use of a weapon stemming from an incident August 13, 2000 when he allegedly exhibited a 12-gauge shotgun in an angry and threatening manner in the presence of one or more persons.

Simerl appeared before the court July 2 for the sentencing hearing. He was placed on five years probation and ordered to pay all court costs and jail boarding bills as well as a $46 crime victim judgment.

Special provisions of the probation called for Simerl to serve 60 days of shock detention in the county jail with credit for time served. He also must perform 50 hours of community service and can not consume alcoholic beverages nor enter any establishment where alcohol is the primary item offered for sale during the length of the probation. Simerl can not possess any weapons of any kind during the probation. He must enter and successfully complete an aggressive offender program or anger management class.

Howard W. Garrison appeared before the court for sentencing on the class C felony of attempt to commit the offense of production of a controlled substance.

Garrison had entered a guilty plea at his March 29 hearing. The sentencing had been continued to June 26 to allow time for the pre-sentence investigation report to be filed.

Garrison was originally charged following his arrest October 6, 2000 when he was found in possession of the ingredients for the production of a controlled substance, marijuana, and it was found that he had begun cultivating marijuana.

The defendant was placed on five years probation and ordered to pay all court costs and jail board bill. He was ordered to pay a $46 CVCJ. He also will serve 30 days shock detention in the county jail to begin September 4.

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