The Richmond Register

Local News

January 31, 2013

Robbery, drug-trafficking defendants plead guilty to misdemeanor charges

RICHMOND — Two cases in which adults were charged with crimes involving teenagers were resolved Wednesday in Madison District Court after the defendants pleaded guilty to amended charges.

In the first case, Albert C. Matthews, 32, of Ballard Drive, originally was charged with second-degree robbery. Police alleged he forcibly took $20 from the pocket of a 13-year-old girl who was visiting his home on Christmas Eve, according to an RPD news release.

The release stated Matthews held the girl down while taking the money from her pocket, and the investigating officer saw scratches on her arms that she said occurred during the struggle.

Second-degree robbery is a Class C felony that is punishable by five to 10 years in prison.

Matthews pleaded guilty to amended charges of fourth-degree assault and theft by unlawful taking (under $500), both Class A misdemeanors. The sentencing range for those crimes are 90 days to 12 months in prison.

Judge Charles Hardin sentenced Matthews on each charge to 360 days in jail with 330 days conditionally discharged. The sentences are to be served concurrently, according to court records.

Matthews has been in jail since Jan. 11, and he must serve a total of 30 days.

In the second case, Earl B. Kirby, 56, of Berea, pleaded guilty to charges of prescription not in original container, attempted tampering with physical evidence and careless driving.

He was sentenced to 30 days in jail on the attempted tampering and prescription container charges, to be served concurrently. The careless driving charge received a sentence of two days, also concurrent.

Kirby was stopped by a Berea police officer Jan. 19 on Slate Lick Road after the officer reported observing a traffic violation, according to a BPD news release.

Kirby was arrested on an outstanding warrant from Georgia, and the officer also noticed a 14-year-old passenger had a pill bottle sticking out of his pocket. The officer learned that Kirby had taken the bottle out of his pocket and given to to the boy to hide as he was getting pulled over, the release stated.

The pill bottle contained 11 and a half oxycodone tablets (Percocet), according to the BPD.

Kirby originally was charged with first-degree trafficking in a controlled substance, tampering with physical evidence, first-degree unlawful transaction with a minor, careless driving and for being a fugitive from another state.

The first two felony charges were amended down to misdemeanors, and the unlawful transaction with a minor charge was dismissed by the judge. An additional charge of improper equipment was dismissed.

Another charge, failure of owner to maintain required insurance, was continued to 9 a.m. Feb. 8.

Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.

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