A Berea man accused of using a cell phone to ask a 15-year-old girl for sex is headed to an inpatient psychological treatment program in Lexington.

Kelby Sotomayor, 23, appeared Wednesday in Madison District Court for a preliminary hearing, but Brian Barker, his public advocate attorney, asked Judge Brandy O. Brown to continue the hearing for 30 days so Sotomayor could enroll in the treatment program.

Sotomayor had been scheduled to appear for previous preliminary hearings in December, but those too were continued.

“I know Miss Sotomayor is getting his (Kelby Sotomayor’s) mental health issues dealt with,” Barker said, referring to a blonde-haired woman standing in front of the judge’s bench. He did not identify “Miss Sotomayor” by her first name nor state her relationship to Kelby Sotomayor.

Barker also said that per an agreement with Marc Robbins, commonwealth’s attorney, Brown ought to reduce Kelby Sotomayor’s bond to 10-percent $50,000 so that his client could leave jail and go to Good Samaritan Hospital to enroll in the program.

“He will be transported immediately to Good Sam and enter the inpatient program,” Barker said.

Should Kelby Sotomayor not be admitted to the Lexington hospital, he would return to jail.

Kelby Sotomayor is accused of one count of unlawful transaction with a minor, illegal sex act, child under 16, a Class B felony; and prohibited use of electronic communication system to procure a minor to perform sex offense, a Class D felony.

According to a Berea Police Department arrest citation, Sotomayor was arrested Nov. 29, when he admitted to using his cell phone to ask a 15-year-old girl to engage in a sex act. After being read his rights, Sotomayor admitted to propositioning the girl, the citation stated.

He had been held in the Madison County Detention Center on a $25,000 cash bond since his arrest.

Brown consented to the request by Barker and Robbins and reduced Kelby Sotomayor’s bond.

She also continued the hearing to Feb. 2.

“He’s got to come back (to jail) if he’s not in the hospital,” Brown said. “If he gets out of the hospital before the court date, he must go to jail.”

Should Sotomayor be convicted of both charges, he could be sentenced to up to 20 years in prison.


Hearing continued for ATV theft, chase suspect

A preliminary hearing for a Richmond man accused of stealing an ATV and then leading police on a chase was continued Wednesday in district court.

Walter F. Smith, 35, appeared for the hearing, however Judge Brown continued the case to Jan. 19 so Smith could hire his own attorney.

He was represented Wednesday by Valetta Browne, public advocate attorney. She asked Judge Brown to reduce Smith’s bond, but Brown refused.

“They are mostly D felonies,” Browne said. “There is one C felony, his family is in the courtroom.”

However, Judge Brown said because Smith already had a pending felony charge in an unrelated case and was out on bond with the new offenses alleged to have occurred, she could not reduce his bond.

“He got out on bond with a pending felony charge and had multiple felony charges while out on bond,” Judge Brown said. “There’s no way I’ll consider a bond reduction.”

On Dec. 27, police were called to the 800 block of Duncannon Lane on a report of a theft in progress where Smith was allegedly attempting to steal an ATV.

While officers were en route to the scene, Smith started the ATV and attempted to drive away. A caretaker tried to stop him, but Smith allegedly knocked the man to the ground and ran over his foot. Officers arrived and attempted to stop both the ATV, allegedly driven by Smith, and a black Jeep allegedly driven by Ernest L. Wagers, 40, of East Irvine Street. The two vehicles fled to Duncannon Lane and continued eastbound with Richmond Police Department and Kentucky State Police units in pursuit.

Smith allegedly began swerving the ATV across lanes of traffic, and a Richmond officer attempting to avoid a collision with the ATV, lost control of his police cruiser and crashed the car into a guardrail, causing major damage to the front of the police cruiser and minor injury to the officer.

Smith then allegedly drove the ATV onto Golden Leaf Drive where the ATV had a minor collision with a KSP cruiser. He then allegedly attempted to flee on foot, but was arrested by pursuing officers.

Wagers initially managed to evade police but was apprehended Saturday and charged with several felonies in connection with the alleged theft and chase.

Smith has been charged with second-degree assault, a Class C felony; three counts of first-degree wanton endangerment of a police officer, a Class D felony; four counts of first-degree wanton endangerment, also a Class D felony; theft by unlawful taking, a Class D felony; two counts of first-degree fleeing or evading police, a Class D felony; one count of second-degree fleeing or evading police on foot, a Class A misdemeanor; first-degree criminal mischief, a Class D felony; second-degree criminal mischief, a Class A misdemeanor; two counts of third-degree criminal mischief, a Class B misdemeanor; resisting arrest, a Class A misdemeanor; and operating ATV on a roadway, reckless driving and operating ATV on roadway without consent, all violations.

Smith is being held in the detention center on a $25,000 cash bond.

If convicted of all charges he could be sentenced to up to 10 years in prison.

Emily Burton may be  contacted at eburton@richmondregister.com or 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com.

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