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Thursday, May 5, 2016

More details about Sebade brought out

Wednesday, September 15, 2010

(Photo)
Cody Sebade
One of the young men allegedly involved in the Fentanyl overdose of a 17-year-old Clay City High School junior will remain in custody at the Clay County Justice Center while waiting for his upcoming jury trial.

On Wednesday, Clay Circuit Court Judge Joseph Trout heard evidence from the Clay County Prosecutor's Office, Clay County Community Corrections and the Clay Community School Corporation regarding whether Cody Levi Sebade, 18, Clay City, complied with specific court-established terms of his electronic in-home detention.

"I've said this before, this is a sad case. A year ago, I didn't even know Cody Levi Sebade. The bottom line in this case is," Trout said to the young man at the end of the court proceedings. "Most kids in your position are so scared they wouldn't dare to violate a court order. You're on a self-destructive course, where you don't seem to be able to comply with any authority. In your current emotional state of mind, you're a danger to others and especially yourself. You just can't be trusted."

Prosecutor Lee Reberger provided the court with evidence showing Sebade's pattern of disregard for following rules, especially those established by the court.

According to Reberger, Sebade was under house arrest (and ordered to obey all laws) on an undisclosed juvenile delinquency issue (beginning Dec. 2, 2009, which the details are sealed due to it being a juvenile case) when he and Jessie Sowers, 18, Bowling Green, allegedly stole a Fentanyl Transdermal patch from an undisclosed individual on Jan. 1.

Sebade, Sowers, an unidentified 17-year-old juvenile and Haley Bryan apparently smoked the contents of the patch

However, within a few minutes of ingestion, Bryan apparently showed symptoms of an overdose, lost consciousness. The three youths allegedly drove around county roads in the Clay City and Bowling Green area for approximately one hour before they took Bryan to St. Vincent Clay Hospital for treatment. Bryan died shortly after arriving at the hospital.

Sebade was originally charged as a juvenile in the Jan. 1 incident, which meant the court had to determine whether to detain or release him per protocols of juvenile court. He was ultimately released as part of the electronic in-home detention program with Clay County Community Corrections on March 5.

Home Detention Officer Evan Sutherland, Sebade's case officer, stopped by Sebade's Clay City residence on March 15. Upon arrival, Sutherland discovered Cody and another male family member in a truck parked in the driveway of the home. Sutherland testified to smelling alcohol on Cody's breath during questioning.

Sebade was detained as a juvenile on the violation.

Meanwhile, Sebade was waived into adult court for the allegations of his involvement in the Jan. 1 case. He was subsequently charged with class B felony dealing in a Schedule I controlled substance, D felony possession of controlled substance, D felony theft and D felony maintaining a common nuisance in the matter.

After a period of detention and another hearing, Sebade was returned to the electronic in-home detention program and another orientation process where the rules, expectations and the zero-tolerance policy for alcohol and controlled substance abuse were explained again on May 12.

The court ordered Sebade could be returned to the electronic in-home detention program on the provision he remain in the constant supervision of his mother at all times.

For almost three months, Sebade complied with all the rules of his release and passed all subsequent drug screens during the summer.

However, with school starting in August, Sebade's mother contacted officials about making sure court orders were filed properly that would allow her son to continue his education.

"He needs that," she said in court.

Reberger praised Sebade's mother for taking her son to work every day throughout the summer months and making sure her son stayed in compliance with the court order.

"We understand that she can't be with him every moment of every day, she has to work," Reberger said. "She took it upon herself to watch him."

A modification was made to allow Sebade to attend classes without his mother's constant supervision.

Yet, school officials at Clay City High School were concerned with Sebade's inability to follow requests to stay out of the common area of the facility and remain in the office until he could ride the bus to attend classes at Cumberland Academy and Northview High School.

On Aug. 25, Trout issued a two-page court order detailing specific instructions for Sebade to follow while attending school, which included being under the constant supervision of parents, grandparents or school personnel on the way to or from school.

"I had to write a specific two-page order detailing exactly what you were supposed to do," Trout said. "Once again, you continued to not comply."

On Sept. 7, Cumberland Academy Therapeutic Counselor Andrea Herbert witnessed Sebade leave the school bus and get into a car with another student, who had signed out of school 45 minutes before.

Herbert said the school bus driver told school officials Sebade claimed the driver of the car was his father, which is why the bus driver made the unscheduled stop.

When Herbert confronted Sebade with what he was doing, she said he replied, "I just don't like riding the bus."

Herbert said Sebade followed her back into the school, where she called his mother to come pick him up. Afterward, she contacted officials about the incident.

Although he didn't deny Herbert's testimony, Sebade added details to the story when defense attorney Geoffrey Creason called him to testify.

According to Sebade, a student on the bus confronted him about his involvement with Bryan's death.

"I didn't retaliate," Sebade said. "I just got off the bus and was running back to the school when I saw a friend who offered me a ride home."

Creason argued the minor incident was only a potential violation and the real purpose of the judicial system is to rehabilitate people.

"What's he going to learn sitting in the Clay County Justice Center for the next 90 days? It's more important that he be in school, receive counseling and his medication," Creason said. "Rather than for him to sit across the street and learn what he can from the inmates."

Reberger said the last infraction, while it probably could be considered minor, was one in a long list of Sebade's overall ability to ignore authority.

"When a parent says obey, a child usually does," Reberger said. "When a judge makes an order, a defendant should obey it."

Trout remanded Sebade into the custody of the sheriff's department to await further court proceedings and ordered arrangements be made to ensure he continues to receive proper medication and counseling while incarcerated.


Comments
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The young lady is DEAD, and he had a hand in it. You have to man up and suffer the consequences for your actions. The court has a responsibility to protect the public. From this incident, you can see how he is prone to manipulation to get his way. Good job Judge Trout. The next child that gets killed, could be mine.

-- Posted by Conservative Dad on Thu, Sep 16, 2010, at 6:41 AM

For starters I do feel for Bryan's family. But seriously, what about the other 2 people involved? This boy is getting everything while the other 2 get pretty much nothing. How is any of this fair? Don't get me wrong, I do believe that he should have some sort of punishment for his involvement. But I am personally tired of seeing only 1 person targeted while others get off with a slap on the wrist. What is that teaching the children of today? That they can go out and committ a crime in a group and then pick a fall guy to get all the punishment...Seriously!!! No one forced this girl, or any of them for that matter to take part in these illegal actions. And now this boy is paying for the decision that 3 other people made on their own. True they should have taken her to the hospital when she started acting funny, but they were 3 young and scared kids. You can't tell me that you know for a fact that your child would not have done the same thing. We would all like to believe they wouldn't but with all the pressure and influence on kids today it's ridiculous. I feel sorry for this boy, he will now be spending the rest of his life feeling fully and solely responsible for this girls death because the "system" has made him the target.

-- Posted by Realistic Reader on Thu, Sep 16, 2010, at 10:41 AM

This story is about Cody's involvement .. do we know for sure the other 2 kids involved are getting off scott free?

I realize a public defender's job is to get their client the least possible punishment for the crime (if any), but does he REALLY believe that this kid is better off walking the streets under constant parental supervision?

Cody's recent actions have shown he doesn't take what happened seriously. If his self-destructive path is due to guilt or remorse, then some of his jailtime should include extensive, intense therapy.

He has the rest of his life to come to terms with what happened that night - and the part he played in the death of Haley Bryan. I hope (for his sake, his families sake and Haley's) he begins to take responsibility for his actions and turn his life around before it's too late.

None of them were innocent that night, but not all of them died either. Even if you were commiting a crime .. someone was in distress! If you're a true friend, the LAST thing that should stop you from getting help is protecting your own *ss!

-- Posted by Emmes on Thu, Sep 16, 2010, at 11:19 AM

Doesn't the bus driver handle discipline and order on the bus? Instead of saying that his friend was his dad, the bus driver should have been informed of the comments.

No amount of remorse or punishment of those involved in Haley's death will bring her back and those involved should be held responsible for the part that they played. According to the article, Sowers was instrumental in the procuring of the drug, hence, he should bear responsibility for that act above the misuse.

For anyone under the legal age to consume alcohol is against and there is no way I can believe that any teenager in the county doesn't know that. However, if you are on probation and drink in a vehicle in your driveway you really do not need to kill any more brain cells as the ones still living aren't getting the job done.

When a judge writes out specific instructions and you do not follow them, you are forgetting that he has the power and responsibility to put you somewhere where you will be told when and how to breathe.

I hope that this young man learns these things, perhaps we have not heard anything about the others involved because they figured it out fast.

-- Posted by Leo L. Southworth on Thu, Sep 16, 2010, at 1:54 PM

The line that the "real purpose of the judicial system is to rehabilitate people" seems a little strange. I kind of thought it was to punish those who break the law and deter others who might do the same.

-- Posted by brazilian on Thu, Sep 16, 2010, at 2:15 PM

It doesn't matter if the "friend" was his Dad or not...that bus driver was responsible for him according to the way I interpret the instructions as described in the paper concerning the Mother (NO MENTION OF THE FATHER!!!! HELLO!!! FIRST CLUE!!!!), to the school personnel, etc. So what if it was his "Father" it was still against the rules, he knew that and made yet again another bad decision. But it wasn't his Father it was aother student who had left the school early according to Mrs. Herbert. Hum!!! Bad too or maybe very misunderstood? Since this is supposed to be a democracy, I'm staying with BAD TO THE BONE!

-- Posted by Proud of My Country on Thu, Sep 16, 2010, at 4:02 PM

What this story doesn't make clear is that all of this happened within about 30 feet of the front door of the school.

-- Posted by hd80 on Sat, Sep 18, 2010, at 12:31 AM

for one no jesse is still on house arrest and awaiting jury trial so no he is not getting off scott free as of right now.

-- Posted by ajlawson1 on Mon, Mar 14, 2011, at 7:52 AM


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