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Friday, May 6, 2016

Four raid suspects appear in court

Friday, February 13, 2009

(Photo)
Glen L. Keltz
Four suspects arrested during an August 2008 drug raid recently appeared in Clay Superior Court with negotiated plea agreements, but with varying outcomes.

On Aug. 5, 2008, Brazil residents Glen L. Keltz, 33, Justin Myrtle, 25, Wesley E. Okulovich Jr., 39, and Misty Michelle Davis, 31, Harmony, were four of ultimately 40 suspects arrested as a result of a warrant sweep/drug investigation by officers from the Clay County Sheriff's Department, Brazil City Police Department, Clay City Police Department, Clay Community Corrections, Clay County Probation Department were joined by officials from the Indiana State Police (Terre Haute and Bloomington posts), Putnam County Sheriff's Department, Parke County Sheriff's Department, the Department of Natural Resources, Drug Enforcement Administration (DEA) and the U.S. Marshals Office.

According to court documents, Keltz was charged with six various drug related charges, Myrtle was charged with a total of five drug related charges, Okulovich was charged with two drug related charges and Davis was charged in two separate cases for a total of five drug related charges.

On Jan. 12, Keltz appeared with his attorney Matthew Effner before Superior Court Judge J. Blaine Akers to change his not guilty plea to guilty as per a negotiated plea agreement with the Clay County Prosecutor's Office.

(Photo)
Justin Myrtle
Keltz agreed to plead guilty to a class B felony dealing in methamphetamine in exchange the state would drop the remaining five charges.

The plea agreement proposed that Keltz serve an 8-year sentence at the Indiana Department of Correction (with good time credit allowed if earned) and allowed for credit from time served since his incarceration on Aug. 5, 2008.

Although Akers agreed to take the proposal under advisement, using the pre-sentencing recommendation report as a guide, he denied it on Feb. 9 at a sentencing hearing.

Akers ordered Keltz' case be put back on the calendar for further court proceedings and rescheduled it for a jury trial May 11.

Myrtle and his attorney Charles Hear appeared before Akers with a negotiated plea agreement Jan. 12. He agreed to withdraw his initial not guilty plea and pled guilty to a class B felony charge of dealing in methamphetamine. In exchange, the state would drop the remaining charges in the case against Myrtle.

On Feb. 9, Akers accepted the terms of the plea agreement and sentenced Myrtle to 12 years incarceration at the IDOC (allowing for good time credit if earned) while crediting him with 190 actual days previously served in jail for the case.

Okulovich also appeared before Akers to file a negotiated plea agreement and sentencing recommendation on Jan. 12.

(Photo)
Wesley E. Okulovich Jr.
Okulovich's agreement proposed that he plead guilty to class B felony dealing in methamphetamine in exchange that the state would dismiss the remaining charge in the case. He would be sentenced to 10 years, six of which would be executed and the remaining four suspended with good time credit allowed for the time he was incarcerated from Aug. 5, 2008. At the end of his sentence, Okulovich would be placed on four years probation.

On Feb. 11, after reviewing the pre-sentencing recommendation report, Akers rejected the plea agreement and ordered Okulovich's case be put back on the calendar for further court proceedings and set a jury trial for May 4.

On Jan. 20, Davis appeared with her attorney Charles Hear to enter her negotiated plea agreement for the consolidation of two cases before Akers.

The plea agreement proposed that Davis would plead guilty to a class D felony charge of unlawful sale of a legend drug in exchange the second charge in the first case would be dismissed along with the three charges in the second case. She would be sentenced to one-and-a-half years, which would be suspended except for nine actual days incarceration, and the remainder would be served on formal probation with credit (if earned) for the time Davis spent in jail from Aug. 18-20, 2008.

(Photo)
Misty Michelle Davis
On Feb. 9, Akers rejected the plea agreement after reviewing the pre-sentencing recommendation report. Davis' case was put back on the court calendar for further court proceedings and a jury trial was set for May 4.

Davis also appeared for an initial hearing on a third case.

According to charging information provided to the court on Feb. 4, the Clay County Prosecutor's Office filed formal allegations that on or about Dec. 26, 2008, Davis purchased more than three grams of ephedrine, pseudoephedrine or both within a one-week period, a class C misdemeanor.

Akers set a tentative court trial in the matter for April 22.


Comments
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Thank you judge Akers. Too bad your having to do the prosecutors work.

-- Posted by george1 on Sat, Feb 14, 2009, at 7:27 AM

george1 - How is the Superior Court Judge doing the work of the Prosecutor?

The Prosecutor follows the law regarding crime and punishment. Letting person negotiate for a slightly reduced charge or punishment for a guilty plea is within the law. It reduces the burden on our already-overloaded judicial system and saves the taxpayer money, within the Prosecutor's office, judicial system, and the Department of Corrections, while still punishing those that break the law. Without the option of plea bargaining, we would need more courts, more prosecutors, more police as they would spend more time in the courtroom, and more citizens would spend more time sitting on juries.

As shown in the article, a judge does not have to accept a plea bargain. Both the Prosecutor and the Defense Attorney negotiate in the best interest of their "client", with the Prosecutor representing the citizens of the State. They are "horse trading", deciding the selling price of the horse. But the judge is the "buyer" and he doesn't have to buy at the price they agree on.............LOL.

-- Posted by Leo L. Southworth on Sat, Feb 14, 2009, at 9:53 AM

I don't feel sorry for any of them. I think they are not getting near what they deserve. My ex-husband is a closely related to the Okulovich family and this is not his first nor last run in with the law. He will get out and be right back on the streets. Suprise...suprise...

-- Posted by jessdixon on Sat, Feb 14, 2009, at 10:44 AM

you know the saying do the crime do the time. If they dont do the time they will just keep the drugs going? Then people will say judge is to leanit. I would say some this isnt some of there first time run in with the law,

-- Posted by kd323 on Sat, Feb 14, 2009, at 6:44 PM

Need to go to a more brutal judicial system, like in the Philippines. That would get people's attention and reduce our "already overloaded judicial system!" American's are to PC!!! Take out the "Golds Gym", the TV's, the extra entertainment in our jails and put the fear of God in the inmates and maybe they won't want to come back! And maybe - on the outside, they would actually tell their friends they do not want to go in there. I love the Sheriff from AZ with the "Tent City!" That's the way you treat criminals.

-- Posted by indy_dawg on Mon, Feb 16, 2009, at 9:15 AM

Indy_dawg: "I love the Sheriff from AZ with the "Tent City!"!!

I have to agree! I also appreciated his issuing the inmates pink tee-shirts and boxers.........LOL!

-- Posted by Leo L. Southworth on Mon, Feb 16, 2009, at 9:47 AM

UMad...

If you read the story, the guy with the plea agreement for 12 years WAS ACCEPTED by Akers.

If you set that as the standard for the others, of whom many are REPEATERS, I'd say the judge did the right thing. I haven't seen Myrtle in the paper much, but the other names are as familiar as Christmas carols!! They need to do at least 12 years imprisonment, if not more time for being REPEATERS!! And I agree with the Sheriff's methods in AZ. Wonder if he's got space for a few of Clay County's inmates?

-- Posted by Cy on Mon, Feb 16, 2009, at 12:09 PM

I think 12 years is sufficient because if these guys went to trial a Class B is only 6-20, I think all the other things would run concurrent so they would only serve 3-10years. At least I think that is how it works but I am not no law person either and I never had any issues so this is how i understand things. This way you don't have the cost and get a similar sentence.

It kills me how people say throw them in jail for along time and then complain about feeding them. If they really need to be incarcerated than we should have to feed them. Not all prisons have A/C or even good heating adn now some of them have to pay for some medical. And they have to buy T.V. and clothes themselves, so it is not a day camp. But again f we want them off the streets we also have to pay a price. This is the same senario as someone who continually gets welfare and food stamps for their kids, I never made them yet I pay for them because it is for the good of everyone. Maybe we need to put the less serious one's on some kind of program where the county makes revenue orf of them.

-- Posted by ape1 on Mon, Feb 16, 2009, at 1:18 PM

since my comment got erased lets make it simple 3 out of 4 have been in trouble Multiple times and they have had chances, it's time the chances stop the county has tried working with them too many times. I'm for rehabbing people but something has got to be done.

-- Posted by ape1 on Mon, Feb 16, 2009, at 1:21 PM

I would just like to say that some of these boys in there have familys and need to be out taking care of them. I know one boy that allmost lost his life a few yrs ago and suffers from physical and mental problems...and has no ins. and he may use these drugs to help his pains. He needs help instead of prision time..And if he's a so called dealer...he's one of the poorest ones around, he's losing everything he has..And his parents are dissabled and they don't have money to hire him a lawyer to take care of him. And he's being curcified because of his family name..which others in his family set a bad example before him. There just is no good way to be fair in this case. It's too bad.

-- Posted by KT48 on Mon, Feb 16, 2009, at 7:55 PM

KT48 -

I grew up with Mr. Okulovich, but fortunately, I never followed the same path as he. The auto accident you are referring to that nearly killed him a few years ago, should have been his wakeup call. Instead, he used his 100k+ settlement to continue to buy and sell drugs on the streets of our town. How many chances do we have to give these people before we have to finally call it quits? I think what the judge did was absolutely the right choice. At some point, we have to stop helping these people and allow them to hit rock bottom, in hopes they wake up and start helping themselves.

-- Posted by Oldtown on Tue, Feb 17, 2009, at 9:02 AM

I got a good idea maybe the meth caused his "mental" problems. i hate seeing people go to prison but he has been in the paper lots of times for the same thing. If he is "disabled" j he should've signed up for disability and gotten medicaid.

-- Posted by ape1 on Tue, Feb 17, 2009, at 10:50 AM

Two of these men were former students of mine in elementary school. They had serious "issues" 25-30 years ago. So, KT...I doubt the accident played a major part in the reason for using drugs. I agree it's time for all of these individuals to start helping themselves. Unfortunately, old habits are indeed extremely hard to break. They need serious help. Let's just hope it's not too late.

-- Posted by Bigpappy on Tue, Feb 17, 2009, at 9:20 PM


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