State-Journal.com

Probation given to women in fight

By Kevin Wheatley
December 6, 2009

Two defense attorneys exchanged sharp words during the sentencing of their clients Friday for beating up a 23-year-old woman with a brick and a crowbar over an alleged theft.

 Franklin Circuit Judge Phillip Shepherd sentenced both women to five years probation.

Public defender Clay Wilkey accused Sherrell Clay, 19, of 203 Creekside Drive, of trying to intimidate his client, Laura Atha, 23, of 50 American Way, during Atha’s sentencing.

Attorney George Sornberger responded during Clay’s sentencing by directly addressing Wilkey.

“Shame on you Mr. Wilkey for taking a … swipe at my client in trying to prejudice the court to not give her probation,” he said, his face turning red.

“I hope you will not pay attention to those … comments from Mr. Wilkey,” Sornberger said to Shepherd.

“I suggest in the future that he merely put up or shut up.”

After the verbal fireworks, Clay told the court she’d been baptized at First Baptist Church on St. Clair Street and personally visited the victim, Nina Thompson, at the University of Kentucky hospital this week to apologize.

“I got a chance to speak to her,” Clay said. “I told her that I would help pay for her medical bills.”

Commonwealth’s Attorney Larry Cleveland said the victim might never see out of her left eye again due to the attack. 

Cleveland opposed probation due to the violent nature of the attacks, but he wouldn’t oppose shock probation after 60 days in prison.

“Regardless of the remorse, this was a very bad thing that took place,” Cleveland said. “It had very severe consequences for the victim.”

The fight occurred July 18 when Atha, Clay and a juvenile approached Thompson at her apartment on East Fourth Street.

Atha and Clay were dating two of Thompson’s ex-boyfriends and they accused Thompson of breaking into Atha’s car and stealing the stereo and Clay’s purse, court documents say.

Thompson had a hammer with a wooden handle, but didn’t retaliate when Clay hit her in the face with a brick, court documents say.

Atha had a crowbar and hit Thompson while she lay on the ground, court documents say. Someone saw Thompson’s head bleeding and called 911, court documents show.

Atha says she went along with the act because she thought they were only going to scare Thompson, according to court documents. 

Under terms of their probation, Atha and Clay will have to pay Thompson’s medical bills and have no contact with each other or Thompson.

Clay and Atha had pleaded guilty to second-degree assault. 

In other court action Friday:

>Preston Haney, 18, of 658 Duckers Road Lot # 41, pleaded guilty to stealing firearms from the homes of two relatives in August.

Police say Haney stole two handguns and a rifle belonging to Rocky Haney Aug. 18 and 19. Peggy Haney had one of the firearms in her home, according to court documents.

Court documents show sheriff’s deputies recovered one of the handguns when they arrested Haney Aug. 19.

Haney admitted to being a “look out” while two others stole the guns and other items from the homes, court documents say.

Haney asked for an early release because his family couldn’t post $1,000 for bond. He told Shepherd he could work at a car wash and take classes at Thorn Hill toward his GED.

Shepherd said he’d meet with Wilkey and Cleveland Monday to discuss an early release.

Under his plea agreement, both charges against Haney were reduced to second-degree burglary.

Haney faces up to 20 years and will be sentenced Jan. 15.

>Dean Wingate, 53, of 808 Augusta St., pleaded guilty to selling Lortab and methadone to a police informant in March.

State police say Wingate sold seven Lortab pills worth $49 to the informant March 2, and eight Lortabs and two methadone pills worth $100 to the informant March 26.

Wingate was one of seven suspected Franklin County drug dealers arrested during the August drug sweep by state police.

Wingate faces up to 15 years and will be sentenced Jan. 15.

>George Sowards, 27, of 407 Owenton Ave. Apt. 6, pleaded not guilty to burglary and domestic assault charges.

According to police reports, the victim says Sowards broke into her home while she was asleep Nov. 11. When she woke up, he was standing over her and demanded sex or money, the report says.

When she refused and tried to leave, Sowards hit her on the left arm and head, the report says. Police noted the marks.

Sowards is charged as a persistent felony offender. He was convicted of theft by unlawful taking in Anderson Circuit Court Aug. 7, 2007.