Elyria Municipal Court

City of Elyria Vs EBONY N BURKS

Docket for Case Number : 2013CRB02547     Printer Friendly Version

Date Description
Case # : 2013CRB02547
Case filed on : 08/14/2013      Date of violation : 08/13/2013
      Filing agency : Elyria Police Department      Officer badge : unk
      Ticket # :       Ticket location :
      Violator name : EBONY N BURKS
      Violator address : 232 14th ST. ELYRIA OH-44035
Applicable violations :
      (1) 2919.25 DOMESTIC VIOLENCE      Degree : M1
            Attorney last name : KOBASHER
            Original plea : NG
            Final plea : NC
            Sentence : Guilty      Date : 09/16/2013
      (2) CONTEMPT Contempt      Degree : n/a
            Attorney last name : KOBASHER
            Original plea :
            Final plea :
            Sentence :       Date :
Activities:
08/14/2013 Initial Court Date: 08/14/2013 Initial Court Time: 08:55AM
New Arraignment hearing held. Judge: Gary C Bennett
Plea of Not Guilty on violation 01: ( 2919.25 DOMESTIC VIOLENCE )
Cash/Surety bond set on violation 01: ( 2919.25 DOMESTIC VIOLENCE ) for $7,500.00
Judge: Lisa A Locke Graves,Manually Selected - No Control Number assigned.
Hearing comment: Defendant found indigent. Case assigned to Judge Locke Graves to be heard with companion matter. Condition bond defendant shall have no contact with the alleged victim Shedrick McCray. No contact means the Defendant cannot write, call or use any social media of any kind to try to contact alleged victim. If defendant is somewhere, even if Defendant has arrived first and the alleged victim shows up, Defendant has to leave. Defendant may not have any third party contact the victim on behalf of the Defendant. If the alleged victim contacts Defendant, Defendant cannot respond to any contact. A response to a contact initiated by the alleged victim will be a violation of this Order. Failure to comply with this Order will result in the bond being revoked and the Defendant being arrested. DEFENDANT IS FOUND IN DIRECT CONTEMPT OF COURT DUE TO OUTBURSTS BY DEFENDANT OVER COURT VIDEO. SHE IS SENTENCED TO 300 DAYS JAIL.
Hearing comment: Defendant found indigent. Case assigned to Judge Locke Graves to be heard with companion matter. Condition bond defendant shall have no contact with the alleged victim Shedrick McCray. No contact means the Defendant cannot write, call or use any social media of any kind to try to contact alleged victim. If defendant is somewhere, even if Defendant has arrived first and the alleged victim shows up, Defendant has to leave. Defendant may not have any third party contact the victim on behalf of the Defendant. If the alleged victim contacts Defendant, Defendant cannot respond to any contact. A response to a contact initiated by the alleged victim will be a violation of this Order. Failure to comply with this Order will result in the bond being revoked and the Defendant being arrested. DEFENDANT IS FOUND IN DIRECT CONTEMPT OF COURT DUE TO OUTBURSTS BY DEFENDANT OVER COURT VIDEO. SHE IS SENTENCED TO 300 DAYS JAIL, CONCURRENT TO CASE NUMBER 2013CRB2134.
PT w/Ct Appt Atty scheduled before: Judge: Lisa A. Locke Graves Assigned. On 08/22/2013 @ 09:30 AM
Notice: Plea of Not Guilty and Notice of Hearing printed for Defendant
'Commitment - Pending Examination ' processed
'Commitment' processed
08/22/2013 New TPO issued
Pretrial #2 scheduled before: Judge: Lisa A. Locke Graves Assigned. On 09/16/2013 @ 09:00 AM
Notice: General - LLG printed for Defendant
'Commitment - Pending Examination ' processed
09/16/2013 Case Sentence Order
Section: 2919.25 - DOMESTIC VIOLENCE
Plea: No Contest on 09/16/2013
Finding: Guilty
Fine: $250.00
Suspended Fine: $200.00
Jail Days: 180
Jail Days Suspended: 180
Judge Lisa A Locke Graves Conditions of suspended sentence:
1. Must pay fines and costs in full on day of sentencing or be in complete compliance with the terms of any court approved installment plan.
$200.00 FINES AND 180 DAY JAIL SENTENCE SUSPENDED CONDITION SUBSTANCE ABUSE EVALUATION AND FOLLOW ALL RECOMMENDATIONS AS MONITORED THROUGH THE PROBATION DEPARTMENT AND NO CONTACT WITH SHEDRICK MCCRAY FOR 2 YEARS COMMENCING 9/16/2013.
Case Sentence Order Printed
'Tier II Probation' printed on 09/16/2013
'TPO Recall' processed
'Release of Prisoner' processed
Locke Graves Collection SC scheduled before: Judge: No Judge . Required Assigned. On 06/30/2014 @ 10:00 AM
Notice: Defendant to Report to Court Upon Release printed for Defendant
12/03/2013 Defendant herein, Ebony N. Burks, DOB: 04/14/2013, is ordered released to the custody of the Elyria Police Department on December 3, 2013, to be transported for Court Review Hearing to be held at 1:30 p.m. at the Elyria Municipal Court and returned to the custody of the Lorain County Jail upon completion of said hearing. Clerk to fax copy to Elyria Police Department and Lorain County Jail and prepare certified copy for Elyria Police Department. - Judge: Gary C Bennett
'Court Order (GCB)' printed on 12/03/2013 10:24 AM
The defendant has been accepted into The Key for Women, an ATOD program for women. The defendant is currently serving a 360-day jail sentence and the defendant has served 88 days of the sentence. It is hereby ordered that the Defendant be released to Mrs.Kay Jones staff of LCADA on December 4, 2013 at 8:00 am. for direct transport to 1882 East 32nd Lorain,Ohio 44055. Condition of Defendant's release is that she completes the Key for Women Program. Upon completion of the program, the balance of jail, fines and costs will be suspended. If the Defendant fails to complete the program for any reason, including, but not limited to, voluntarily leaving the program or being asking to leave the program, then the of the jail time shall be immediately reimposed. The officials at The Key for Women shall notify Officer Hill at the Elyria Municipal Court Probation Department that the defendant has withdrawn from the program so that arrangements can be made to return her to jail. (emh) - Judge: Gary C Bennett
'Court Order (GCB)' printed on 12/03/2013 02:27 PM
'Release of Prisoner' processed
12/04/2013 The defendant has been accepted into The Key for Women, an ATOD program for women. The defendant is currently serving a 300-day jail sentence and the defendant has served 88 days of the sentence. It is hereby ordered that the Defendant be released to Mrs.Kay Jones staff of LCADA on December 5, 2013 at 8:00 am. for direct transport to 1882 East 32nd Lorain,Ohio 44055. Condition of Defendant's release is that she completes the Key for Women Program. Upon completion of the program, the balance of jail, fines and costs will be suspended. If the Defendant fails to complete the program for any reason, including, but not limited to, voluntarily leaving the program or being asking to leave the program, then the of the jail time shall be immediately reimposed. The officials at The Key for Women shall notify Officer Hill at the Elyria Municipal Court Probation Department that the defendant has withdrawn from the program so that arrangements can be made to return her to jail. - Judge: Gary C Bennett
'Court Order (GCB)' printed on 12/04/2013 08:20 AM
'Release of Prisoner' processed
12/11/2013 On 12-5-13 the Courts determined that Substance Abuse and Alcohol Abuse were contributing factors leading to this offense and that the defendant is unable to pay for the cost of an assessment and treatment Defendant is eligible for SB 80 Funds. Upon completion of the assessment and notification to the Elyria Municipal Court Probation Department, the Court hereby authorizes treatment for 90 days from the date of assessment. No further treatment is authorized unless the treating facility contacts the Courts and further Court Order is issued. Reimbursement t the treatment center is through the SB 80 Funds. - Judge: Gary C Bennett
'Court Order (GCB)' printed on 12/11/2013 02:48 PM
01/02/2014 Upon representation, the defendant has been asked to leave Treatment due to her negative behavior. Therefore the defendant must report to the Lorain County to serve the reimposed jail sentence commencing on 1/3/14 at 11:00 am. - Judge: Gary C Bennett
'Court Order (GCB)' printed on 01/02/2014 08:50 AM
'Commitment' processed
01/14/2014 Defendant was previously found guilty of direct contempt of Court by Judge Gary C. Bennett and sentenced for her misconduct. At the request of the defendant she was transfered from incarceration at the Lorain County Jail to the Key for Women for treatment. A condition of her transfer to treatment was that if she voluntarily terminated or was asked to leave the program prior to successful completion, then her remaining jail would be reimposed. Defendant conducted the Probation office upon her unsuccessful discharge. She was given a date to report back to the jail but failed to appear as ordered. A Bench Warrant is herein ordered for the defendant's arrest and return to incarceration. - Judge: Gary C Bennett
'Bench Warrant Order by Assigned Judge' printed on 01/14/2014 11:17 AM
01/17/2014 New Warrant issued - failed to appear @ County Jail for 212 days concurr to 2013crb2139
Warrant issued on 01/17/2014
Warrant Printed
03/13/2014 Warrant served on 03/12/2014
Warrant issued To BMV on 01/17/2014
Warrant Updated - failed to appear @ County Jail for 212 days concurr to 2013crb2139
Contempt Hearing scheduled on 03/13/2014 08:55AM
The defendant has been arrested on a bench warrant. She failed to appear at the court after being discharged from in-patient treatment at The Key. (Treatment at The Key was to satisfy the condition of the suspended sentence in this matter for substance abuse treatment and was also the condition of the arraigning judge, Judge Bennett's, early release of the defendant on the contempt sentence - imposed on the date of arraignment.) The court finds there is probable cause to believe the defendant has violated the condition of the suspended sentence requiring the defendant complete substance abuse treatment and also the condition that the defendant be in compliance with a payment plan for the fines/costs. Bond is set at $1000.00 cash/surety. Defendant to be transported to the court by an officer from the EPD. Trial counsel, Melissa Kobasher, is appointed to represent the defendant at this hearing. - Judge: Lisa A Locke Graves
'Court Order (LLG)' printed on 03/13/2014 11:52 AM
Merits scheduled before: Judge: Lisa A. Locke Graves Assigned. On 03/19/2014 @ 02:00 PM
03/14/2014 Attorney changed from to MELISSA C. KOBASHER
Notice: General - LLG printed for Defendant
'Commitment - Pending Examination ' processed
03/19/2014 The defendant, through counsel, admits to violating the condition of the suspended portion of the sentence in this matter requiring she complete substance abuse treatment. She is sentenced to serve the originally suspended sentence, 180 days, with credit for the time she was held on the contempt charge in this matter (112 days), plus credit for time in in-patient treatment (23 days) and credit for time served since the execution of the bench warrant (7 days). Therefore the defendant has 38 days to serve on this matter. The sentence is consecutive to the sentence in 2013CRB02134. Balance of fines and costs suspended, obligation to complete substance abuse treatment is terminated. - Judge: Lisa A Locke Graves
'Court Order (LLG)' printed on 03/19/2014 03:22 PM
'Court Order (LLG)' printed on 03/19/2014 03:22 PM
'Commitment' processed
03/20/2014 BALANCE OF FINES/COSTS SUSPENDED PER JE
04/07/2014 Nunc pro tunc, the court's order in this matter from 03/19/14 is corrected as follows: 1. The court imposed the suspended sentence in this matter, 180 days, with credit for 112 days the defendant was held in jail for contempt on 2013CRB02547, credit for the 23 the defendant was in in-patient substance abuse treatment and 7 days credit for the time the defendant was held in jail after the bench warrant on 2013CRB02547 was executed. 2. The time to serve is 38 days, commencing 03/19/14 at 3:00 P.M. (The 38 day sentence in 2013CRB02547 is consecutive to this sentence, for a total of 76 days between the two cases.) - Judge: Lisa A Locke Graves
'Court Order (LLG)' printed on 04/07/2014 03:56 PM
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