Frankfort mom accused of taking $17K from her 5-year-old son

Money came from personal injury claim

By Kristina Belcher, Published:

A Franklin County grand jury indicted a Frankfort woman Wednesday after she allegedly paid bills using money awarded to her 5-year-old son in a personal injury claim.

Victoria H. Smith, 28, 658 Duckers Road, No. 32, is charged with theft by unlawful taking over $10,000 and unlawful access to a computer.

Commonwealth’s Attorney Larry Cleveland said the money was in a restricted account. It was not supposed to be withdrawn or spent without the court’s permission.

Smith allegedly asked for permission to withdraw money and was denied. Cleveland said she did it anyway.

In all, Cleveland said Smith spent more than $17,000, claiming she used the money for household bills.

In other grand jury proceedings:

>Armando H. Briones, 39, Francisco Grimaldo, 30, and Juan V. Cotilleja, 31, were indicted for second-degree criminal possession of a forged instrument.

Cleveland said the three came to the Boone National Guard Center to do construction work.

When they were asked to present identification to enter, they allegedly had fake Kentucky identification cards.

“They were pretty good fakes but not good enough,” Cleveland said.

>Joshua D. Graves, 31, was indicted for driving under the influence third offense, first-degree wanton endangerment, first-degree assault, four counts of third-degree criminal mischief, possession of open alcoholic beverage container in a motor vehicle, failure to notify address change to the state Transportation Cabinet and being a persistent felony offender.

Franklin County Sheriff Pat Melton said Graves was driving a Chevy Impala Dec. 30 on Hickory Ridge Road when he hit a Ford Focus driven by 73-year-old Barbara Johnson.

The crash caused Graves’ car to leave the roadway, Melton said, hitting multiple mailboxes and a man who was checking his mail at the time.

That man, 26-year-old Evan Prewitt, was seriously injured.

“This fellow was under the influence of something,” Cleveland said. “It would appear to be a combination of drugs and alcohol.”

A witness on the scene told the deputy he saw Graves hide an open bottle of wine in his trunk, which the deputy allegedly found when searching the car.

>Cheyenne G. Auterson, 35, of 103 Cedar Ridge Road, was indicted for cultivating marijuana and buying/possessing drug paraphernalia.

Police said they found 253 marijuana plants growing inside Auterson’s home, which he had converted to optimize plant growth.

“It was more a marijuana greenhouse than a residence,” Cleveland said.

Auterson was recently indicted in federal court for the incident. Cleveland said the state indictment would likely be dismissed.

>Timothy Simpson, 18, and Christopher Perry, 29, were indicted for receiving stolen property under $10,000.

Cleveland said the two stole metal fencing from a farm and sold it to a recycling facility.

>Zachary Winans, 23, of 950 Barks Branch Road, was indicted for possession of a controlled substance and buying/possessing drug paraphernalia.

Cleveland said Winans was a passenger in a car that was pulled over.

Winans allegedly admitted to law enforcement that he had a marijuana pipe in his pocket. A cigarette pack containing cocaine was also allegedly found near where Winans was sitting in the car.

The driver told the officer he bought the cocaine and gave it to Winans for a profit, Cleveland said.

>Wendy Cosby, 31, and John Gillespie, 37, both of Versailles, and Albert Walsinger, 45, of Lexington, were indicted for theft by unlawful taking.

The three were indicted on the same charge last week for allegedly stealing several trailers around the state, including two in Franklin County. They would then allegedly sell or pawn the stolen trailers.

Since last week’s indictment, another trailer theft case surfaced, leading to this indictment.

>Shelby Wilson, 23, of 252 Sycamore, was indicted for first-degree possession of a controlled substance.

Assistant Commonwealth’s Attorney Zach Becker said Wilson was involved in a disturbance with a friend Oct. 22.

When she left the residence, her friend allegedly called police and said Wilson had a Percocet pill in her possession and was high.

When an officer arrived to check on her, Wilson allegedly handed over her purse and volunteered to have the officer search it. 

Inside, the officer said he found half a Percocet pill.

Wilson was indicted in October for fraudulent use of a credit card, theft by unlawful taking and criminal possession of a forged instrument, all from incidents that allegedly occurred in September.

Becker said Wilson admitted to police that she stole her mother’s debit card and made three purchases, totaling $645.

Becker said about a week later, Wilson allegedly found her grandmother’s lock box and stole $3,200 worth of jewelry.

Wilson is also accused of stealing four blank checks, one from her grandmother and three others from her mother. Becker said after filling out the checks, Wilson had a friend cash them, claiming that they were given to her by family members.

That case is still pending.


The original version of this story contained an error; this version has been corrected. Commonwealth’s Attorney Larry Cleveland mistakenly identified a child mentioned in a story in the Thursday State Journal as a girl. Victoria Smith was indicted for allegedly spending money awarded to her son in a personal injury claim. 

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