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Criminal division

The following information has been filed in the criminal division of Marion County District Court:

Michael J. Lahita, arraignment hearing at 1:15 p.m. June 18.

Michael S. Fuhr, arraignment hearing at 11 a.m. June 16.

James Wullenweber, giving a worthless check less than $500; first appearance hearing at 10:30 a.m. June 2.

Jarome D. Creed, domestic battery; charge will be dismissed with successful completion of the diversion agreement; defendant shall not violate any laws, pay a diversion fee of $125, court costs of $128, fine of $200, and court-appointed attorney fees of $225 within 60 days from the filing of the agreement, if all money is not received by the due date, prosecution will resume; defendant shall complete anger management counseling at own expense, diversion shall terminate within six months and upon the successful completion of the terms.

Randy Herbel, rape/sexual intercourse with a child under the age of 14 (violation date of Aug. 1, 2006), aggravated indecent liberties with a child under the age of 14 (violation date of Aug. 2, 2006); competency and bond modification motion hearing rescheduled to 9 a.m. June 20.

Randy Herbel, rape/sexual intercourse with a child under the age of 14 (violation date of Aug. 1, 2006); competency and bond modification motion hearing rescheduled to 9 a.m. June 20.

Shelia Deines, original charges of battery (violation date of Feb. 24, 2006); order of judgment on forfeiture of bond was withdrawn.

Jordan Voth, matter continued to 10:30 a.m. June 11.

Dustin Dean Altum, domestic battery; charge will be dismissed with successful completion of the diversion agreement; defendant shall not violate any laws and complete anger management counseling at own expense, defendant shall pay a diversion fee of $125, court costs of $128, booking fee of $45, and court-appointed fees of $337.50 within 60 days from the filing of this agreement, if not paid prosecution will resume; the agreement shall terminate within six months from the date of the agreement and upon successful completion of the terms.

Richard D. Hill, possession of opiates, opium, or narcotic drugs, possession of simulated controlled substances or drug paraphernalia (violation date of Oct. 24, 2006); defendant ordered to serve five, 24-hour periods at Marion County Jail beginning May 24.

Richard D. Hill, possession of opiates, opium, or narcotic drugs, possession of simulated controlled substances or drug paraphernalia (violation date of July 14, 2006); defendant ordered to serve five, 24-hour periods at Marion County Jail beginning May 24.

Machelle A. Ratzloff, motion granted to withdraw motion to revoke probation.

Daniel Weitzel, two counts of giving a worthless check less than $500; defendant pleaded guilty to count two, upon motion of the county attorney count one is dismissed with prejudice, defendant sentenced to a controlling sentence of 30 days in the custody of Marion County Sheriff which was suspended and the defendant was placed on immediate unsupervised probation for six months, ordered to pay court costs of $128, booking fee of $45, and restitution of $511.31, not to obtain or maintain a checking account, and is to make monthly payments of at least $75 per month until paid.

Michael S. Nelson, two counts of aggravated criminal sodomy/sodomy with a child under the age of 14 amended to rape/sexual intercourse with a child under the age of 14, lewd lascivious/exposure to a child less than 16 years of age amended to rape/sexual intercourse with a child under the age of 14, battery amended to aggravated indecent liberties with a child under the age of 14, three counts of aggravated indecent liberties with a child under the age of 14, two counts of lewd lascivious/exposure to a child less than 16 years of age, battery (violations date of Jan. 1, 2007); motion hearing at 10 a.m. July 3.

Michael S. Nelson, three counts of violation of a protective order (violations date of Aug. 6, 2007); by and through the defendant's attorney, Kevin Loeffler, a motion was filed to withdraw the plea previously made by the defendant. The defendant pleaded guilty to two counts of violation of a protection order and was sentenced. At that time the defendant was represented by another attorney and the defendant asserted that he is innocent and the previous plea was the product of undue pressure and coercion on the part of the attorney and not a voluntary plea. The defendant also understood that if he agreed to the plea he would not serve any jail time. A second motion was filed by Loeffler to modify the defendant's sentence and the defendant wants to take part in the county's work-release program. The defendant pleaded guilty to two counts of violation of a protection order and was sentenced to 180 days in Marion County Jail for each count with the sentences to run concurrently. As of the date of the motion, the defendant had served 71 days.

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