A sex offender from Texas who relocated to Franklin County and a Frankfort man accused of passing out from heroin use in a Taco Bell parking lot were among the subjects of Tuesday’s grand jury proceedings.
David F. Daniel Jr., 47, of Lexington, and David J. Hersh, 35, of Frankfort, were indicted in Franklin County Circuit Court.
Daniel faces charges of failure to comply with sex offender registration, second or greater offense, a Class C felony. He is no longer in custody, jail records indicate.
Hersh faces charges of first-degree possession of a heroin, third or greater offense, a Class D felony; possession of drug paraphernalia, a Class A misdemeanor; and public intoxication of a controlled substance, a Class B misdemeanor. He has been given a $1,000 cash bond on the charges.
According to Commonwealth’s Attorney Larry Cleveland, Daniel was convicted of a sex offense against a child in Texas but recently relocated.
“Then he moves here and did not report his new address to the sex offender registry,” Cleveland said. “That violates the statute. They want to know where you are at all times.”
Daniel had a previous conviction for attempted failure to comply with sex offender registry, a Class D felony. He served 180 days for that incident. Daniel faces up to 10 years in prison for a second offense.
Cleveland said that the charges against Hersh stemmed from an Aug. 6 call to police of a man slumped over in a car at a fast food restaurant.
“He was in the Taco Bell parking lot on the east side of town,” Cleveland said. “They found him passed out behind the wheel.”
Hersh allegedly admitted to using heroin, and when officers searched him they found a small quantity of heroin on him as well as drug paraphernalia. He was then taken to jail, where he remains in custody. Hersh faces up to five years in prison for the offenses.
Anthony D. Cox, 47, of Frankfort, was also indicted on charges of first-degree trafficking in more than 2 grams of methamphetamine, first offense, a Class C felony. He could face up to 10 years in prison if convicted.