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New charge filed in 2012 murder case

Latest count is among 20 new indictments returned

A fourth person has been indicted in connection with the June 2012 murder of Dradrick “Drad” Fleming of Millstone.

Jonathan Maggard is charged with hindering prosecution in the latest round of indictments handed up by the Letcher County Grand Jury.

The grand jury says Maggard, whose address is not listed on the indictment, gave assistance to confessed killers James Maggard and Stephanie Jones Fleming when he knew they were being sought in connection with the commission of a capital offense or Class A felony.

The grand jury voted to return the indictment — one of 20 handed up to Letcher Circuit Judge Sam Wright on November 6 — after hearing testimony recently from Lieutenant Brian Damron of the Letcher County Sheriff ’s Department. Damron said he agreed to present the case to the grand jury at the urging of members of the family of Drad Fleming, who was beaten nearly to death outside his Millstone home and later burned alive on Black Mountain near Eolia.

Jonathan Maggard is a cousin to James Maggard, who carried out the beating and burning of Drad Fleming on June 20, 2012. Stephanie Fleming, who is Drad Fleming’s wid- widow, helped plan the murder. Both she and James Maggard pleaded guilty in March to charges including complicity to capital murder under aggravated circumstances, complicity to first-degree arson, complicity to kidnapping. A third defendant, 26-yearold Austin Ison, pleaded guilty to criminal complicity to tampering with physical evidence and first-degree hindering prosecution/ apprehension.

Shortly after James Maggard surrendered to authorities, Jonathan Maggard admitted to police that James Maggard came to his place of work at Hubble Mining’s No. 12 mine site near Eolia on the night of June 20, 2012 and went inside a guard shack there to clean himself up and change into clothes Mrs. Fleming had brought to him. The mine site is located near the site where Drad Fleming’s badly burned body was found inside of his burned out pickup truck on June 23, 2012.

Lieutenant Damron said the indictment shows the grand jury believes Jonathan Maggard “knew about” the murder of Drad Fleming but chose not to report it to authorities.

During a hearing held in Letcher Circuit Court last December, defense attorney Bridget Saunders, who was representing Stephanie Fleming, said it had been “a tossup” with police and prosecutors “between indicting (Austin) Ison or indicting Jonathan Maggard.”

Jonathan Maggard is one of 20 people named in the 22 indictments handed up to Judge Wright, including a Whitesburg man charged with swinging a portable oxygen tank against a wall in the Whitesburg Appalachian Regional Hospital emergency room on July 8, endangering five other people who were in the room.

Stephen Scott Kincer, 45, of 307 Circle Drive, is accused of five counts of wanton endangerment (first degree), five counts of assault (third degree) and five counts of terroristic threatening (third degree) of Letcher County Deputy Sheriff Christopher Perry, Miranda Bentley, Rebecca “Becky” Roberts, Brooke Whitaker and James “Jimmy” Breeding. Kincer is also charged with resisting arrest and disorderly conduct.

Deputy Sheriff Christopher Perry testifi ed in the case.

Others indicted by the grand jury are:

• Shylla Marie Douglas — Wanton endangerment (first degree), leaving the scene of an accident, no license while operating vehicle involved in accident, suspended/ revoked license, no license, license not in possession, no insurance, no insurance card and being a persistent felony offender.

Douglas, 27, of 1175 Hwy. 2545, Mayking, is charged with striking LaDonna Kincer with her automobile on May 18 while Douglas was speeding away from the scene of an earlier collision caused by Douglas when her automobile hit a parked vehicle owned by Kincer’s sister, Carolyn Short. Douglas is also accused of failing to stop and render aid to Kincer.

Kentucky State Trooper Scott Caudill testified in the case.

• Joshua Edward Anderson— operating vehicle while under the influence and refusing blood test, possession of controlled substance (first degree), possession of controlled substance not in original container, possession of drug paraphernalia, suspended/ revoked license, no license, license not in possession, no insurance, no insurance card, no/expired registration receipt, no/ expired registration plates, tampering with evidence and falsely reporting an incident.

The grand jury says Anderson, 31, of 16 Snowflake Dr., Isom, was driving while under the influence on September 14 and was in possession of a quantity of oxycodone, a Schedule II narcotic. Anderson is also charged with hiding a plastic bag containing oxycodone and drug paraphernalia and with knowingly giving false information to a law enforcement official.

Kentucky State Trooper Scott Caudill testified in the case.

• Douglas Andrew Mullins — Receipt of credit card in violation of Credit and Debit Card Crime Act, possession of burglar tools, criminal complicity to criminal mischief (second degree), complicity to burglary (second degree), receiving stolen property (vehicle, over $500), complicity to manufacturing methamphetamine (first offense), unlawful possession of meth precursor (first offense), possession of controlled substance (first degree), possession of drug paraphernalia and possession of controlled substance (third degree).

Mullins, 38, of 1192 Bill Moore Branch, near Payne Gap, is charged with receiving a stolen credit card belonging to Anita Collins on August 20. He is accused of having burglar tools used to illegally enter the residence of Allen Mullins and acting with Amber Mullins to damage and burglarize Allen Mullins’s home. The grand jury also says Mullins possessed an automobile he knew was stolen.

Douglas Mullins is also charged with complicity with Amber Mullins in manufacturing methamphetamine. The grand jury says he was in possession of a meth precursor, quantities of methamphetamine and Xanax, and drug paraphernalia.

Jenkins Police Department Deputy Chief Crystal Davis testified in the case.

• Amber D. Mullins — Receipt of credit card in violation of Credit and Debit Card Crime Act, possession of burglar tools, criminal complicity to criminal mischief (second degree), complicity to burglary (second degree), receiving stolen property (vehicle, over $500), complicity to manufacturing methamphetamine (first offense), unlawful possession of meth precursor (first offense), possession of controlled substance (first degree), possession of drug paraphernalia and possession of controlled substance (third degree).

Mullins, 28, also of 1192 Bill Moore Branch, is charged with receiving a stolen credit card belonging to Anita Collins on August 20. She is accused of having burglar tools used to illegally enter the residence of Allen Mullins and acting with Douglas Mullins to damage and burglarize Allen Mullins’s home. The grand jury also says Amber Mullins possessed an automobile, which she knew was stolen.

Amber Mullins is also charged with complicity with Douglas Mullins in manufacturing methamphetamine. The grand jury says she was in possession of a meth precursor, quantities of methamphetamine and Xanax, and drug paraphernalia.

Jenkins Police Department Deputy Chief Crystal Davis testified in the case.

• Carol P. Weaver — Receipt of credit card in violation of Credit and Debit Card Crime Act, four counts of fraudulent use of debit card, four counts of receiving goods by fraudulent use of debit card and three counts of forgery.

Weaver, 52, of 93 Arlie Hall Road, Neon, is charged with receiving a debit card issued to Lisa Caudill on August 29 and using the card at Exxon Double Kwik of Ermine for $117.60, Exxon Double Kwik of Ermine for $145.93, Walmart of Whitesburg for $152.38 and Walmart of Whitesburg for $46.43.

Kentucky State Police Master Trooper Michael H. Cornett testified in the case.

• Nathan T. Cole — unlawful possession of meth precursor (first offense), possession of drug paraphernalia, public intoxication (excludes alcohol) and tampering with evidence.

The grand jury says Cole, 21, of 152 Campbelltown Rd., Cornettsville, was in possession of a methamphetamine precursor of Aug. 12. Cole is also charged with hiding a bag containing methamphetamine and drug paraphernalia.

Lt. Brian Damron of the Letcher County Sheriff ’s Department testified in the case.

• Jason Lee Polly — Criminal complicity to receiving stolen property ($10,000 or more), receiving stolen property (firearm), criminal complicity to theft by deception, theft by deception (firearm) and being a persistent felony offender.

The grand jury says Polly, 33, of 740 Lakeside Drive, Jenkins, acted with Kenneth Darrell Polly in possessing a stolen Caterpillar backhoe on July 1 and in selling the backhoe to Timothy Burke. Jason Polly is also charged receiving a stolen Colt Model 1911 .45 caliber semi-automatic handgun and selling the stolen gun to Ricky Tackett.

In a separate indictment, Jason Polly is charged with possession of a handgun by a convicted felon and being a persistent felony offender.

Lt. Brian Damron of the Letcher County Sheriff ’s Department testified in the cases.

• Kenneth Darrell Polly — Criminal complicity to receiving stolen property ($10,000 or more) and criminal complicity to theft by deception.

The grand jury says Polly, 33, of 740 Lakeside Dr., Jenkins, acted with Jason Lee Polly in possessing a stolen Caterpillar backhoe on July 1 and in selling the backhoe to Timothy Burke.

Lt. Brian Damron of the Letcher County Sheriff ’s Department testified in the case.

• Earnie Conley Isaac — failure to remain off school grounds.

Isaac, 38, of 52 Bark Camp Branch, McRoberts, and 4379 Hwy. 343, McRoberts, is charged with failure to comply with sex offender requirements to remain off of school grounds when he entered and remained on the grounds of Burdine Elementary School on August 4.

In a second indictment, Isaac is accused of entering and remaining on the grounds of Burdine Elementary School on September 9.

Jenkins Police Chief James Stephens testified in the cases.

• Jake Tyler Smith —burglary (first degree), complicity to theft by unlawful taking ($500 or more) and criminal mischief.

Smith, 18, of 52 #6 Hollow, Jenkins, is accused of taking property valued at $500 or more belonging to Bobby Webb from a dwelling at 233 Highland Branch, Cromona, on Aug. 18, while Smith was armed with a deadly weapon. Smith is also charged with damaging Webb’s home.

Bobby Webb testified in the case.

• Timothy Adams — trafficking in a controlled substance (second degree, first offense) and trafficking in a controlled substance (third degree, first offense).

The grand jury says Adams, 46, of 65 Angel Road, Whitesburg, trafficked in less than 20 dosages of Suboxone, a Schedule III controlled substance, and less than 20 dosages of Xanax, a Schedule IV controlled substance, on June 25, 2013, which he sold to a cooperative witness of the Kentucky State Police, DESI East.

Kentucky State Police Detective Marcus K. Terry of KSP DESI East testified in the case.

• Richelle Lynne Sexton — trafficking in a controlled substance (first degree, first offense).

Sexton, 31, of 402 Long Branch, Hallie, is charged with trafficking in 10 or more dosage units of oxycodone, a Schedule II controlled substance, which she sold to a cooperating witness of the Kentucky State Police, DESI East on April 24, 2013.

Kentucky State Police Detective Marcus K. Terry of KSP DESI East testified in the case.

• Silas Ray Collins — public intoxication by a controlled substance, possession of drug paraphernalia and tampering with evidence.

Collins, 32, of 188 Lauren Lane, Cornettsville, is accused of being under the influence of a controlled substance (excluding alcohol) on May 27 and tampering with evidence that he believed could be used in an official proceeding.

Lt. Brian Damron of the Letcher County Sheriff ’s Department testified in the case.

• Randle Keith Johnson — Cultivation of marijuana (five plants or more) and being a persistent felony offender.

Johnson, 50, also known as Randall Keith Johnson, of 35 Gulf Hill, Neon, is accused of planting, cultivating and harvesting five or more marijuana plants.

• Tommy Lee Wright — cultivation of marijuana (five plants or more, first offense).

Wright, 65, of 1637 Hwy. 317, Neon, is accused of planting, cultivating and harvesting five or more marijuana plants.

• Caroline S. Dean — Flagrant non support.

Dean, 35, of P.O. Box 548, Booneville, is charged with failing to provide support for her minor children.

Regina Hurst of the Division of Child Support testified in the case.

• James M. Edwards — Flagrant non support.

Edwards, 43, of 37 Cook Road, Booneville, is charged with failing to provide support for his minor children.

Regina Hurst of the Division of Child Support testified in the case.

• Coman M. Gibson — Flagrant non support.

Gibson, 26, of 278 Chissom Rd., Jeremiah, is charged with failing to provide support for his minor children.

Regina Hurst of the Division of Child Support testified in the case.



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