PROSECUTOR SAYS KUTE TRIAL SET FOR AUGUST

(05/04/2016)
Joseph Kute appeared for a Status and Scheduling Hearing before Judge Thomas Evans III last week, according to prosecutor Shannon Johnson.

The court filed a competency evaluation which had been completed and found that he was competent to stand trial. Kute will come to trial in August.

Kute was indicted on one count of illegal possession of destructive devices, explosive materials or incendiary devices, a felony. Also one count of wanton endangerment involving destructive devices, explosive materials or incendiary devices, a felony. One count of obstructing an officer, a misdemeanor.

One count of fleeing from an officer by means other than the use of a vehicle, a misdemeanor and one count of brandishing a deadly weapon, a misdemeanor.

It is alleged that Kute possessed a blasting cap without a proper license and used the device during a stand-off with State Police on February 13, 2015 while they were attempting to execute an arrest warrant on him.

Kute was indicted earlier on one count of malicious assault, a felony, and one count of battery, a misdemeanor. Kute allegedly attacked Johnny Capps and Geoffrey Shaffer in the parking lot of the Y Restaurant on June 17, 2014.

Levi Harris, 23, appeared for a pre-trial hearing on charges of Destruction of Property, a felony. The parties announced that they had reached a plea agreement in the case and the case is set for a plea hearing on May 16.

It is alleged that Harris destroyed a vehicle belonging to Rose Smith on November 2, 2014.

Prosecutor Johnson said Gary Ackley appeared for a Restitution Hearing. Without objection to the state's motion, the court ordered that Ackley make restitution of $768.77 to one of the victim's in this case, Carl Osborne.

Gary Johnson appeared and entered a guilty plea to Possession of a Controlled Substance, greater than 15 grams, a misdemeanor. He was ordered to undergo a pre-sentence investigation and he was set for sentencing on June 3.

Brittany Kearns appeared and entered a guilty plea to Child Neglect Resulting in Injury, a felony. She was ordered to undergo a pre-sentence investigation and was set for sentencing on June 3.