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Rape, sodomy charges amended

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Family didn't want 4-year-old to testify

By Calen McKinney

A Campbellsville man has been granted a five-year pretrial diversion on charges stemming from a 2006 rape and sodomy allegation.

Everette Ray Fair, 22, of 112 Ray St. appeared before Taylor Circuit Judge Allan Bertram on Tuesday, Nov. 7 during regular motion hour proceedings.

Records from Bertram's hearings on that day, however, were not made available until recently.

Fair was indicted in March 2006 on two counts of first-degree sodomy and two counts of first-degree rape. He was accused of improperly touching a 4-year-old boy and forcing the boy to perform oral sex on four occasions in 2002.

Fair denied the allegations in a statement he made to police.

Last September, Fair appeared before Bertram in Marion County and pleaded guilty to four amended counts of first-degree wanton endangerment.

According to court records, the victim's mother and a caseworker agreed to amending the charges.

If Fair fails the terms of his diversion, court records state, he will be sentenced to serve five years in prison. He was also ordered to complete a sex offender treatment program and have no contact with the victim unless it is deemed appropriate. He was also ordered not to work, live with or have any unsupervised contact with children.

The case against Fair has been ongoing since 2006.

At that time, Campbellsville Police Detective Sgt. Patricia Thompson said that the allegations were reported to Campbellsville Police by child protective services.

Other children had made similar accusations against Fair, according to court records, though Assistant Commonwealth's Attorney Shelly Miller, the prosecutor in the case, said last year that the other children recanted those allegations.

Miller said social workers and others involved with the case decided that it was not in the victim's best interest to testify against Fair. She said the boy is currently in treatment.

The case against Fair had been put off in hopes that the victim could eventually testify, Miller said. She said the prosecutor's office did what it could to ensure that Fair receives help.

His diversion will be reviewed Nov. 8, 2013. If convicted of the original charges against him, Fair could have been sentenced to as much as life in prison.

Also on Bertram's recent dockets:

- Christina Louise Benham aka Christina Louise Blankenship, 36, of 195 Oil Shale Road in Campbellsville completed the terms of her diversion and had a fraud charge against her dismissed.

In September 2005, Benham pleaded guilty to fraudulent use of an ATM card.

At that time, Benham was granted a three-year pretrial diversion and ordered to pay $375 in restitution and have no contact with the victim.

- Jeffrey Alan Dicken, 51, of 406 Bell Ave. in Campbellsville was sentenced to five years' probation on burglary and other charges.

In September 2008, Dicken pleaded guilty to receiving more than $300 in stolen property, theft of more than $300 in controlled substances, second-degree possession of a controlled substance, three counts of third-degree burglary, criminal attempt to commit third-degree burglary and possession of drug supplies. He originally faced a charge of second-degree burglary, which was amended to third-degree burglary.

Dicken was sentenced to two years' probation on the misdemeanor charges of possession of a controlled substance and drug supplies and criminal attempt to commit burglary. Court records, however, do not state whether that sentence is to be served at the same time as Dicken's five-year probated sentence on the felony charges.

- Bradley J. Galarza, 27, of 6900 Cedar Court in Pewee Valley pleaded guilty to drug and other charges.

Galarza pleaded guilty to second-degree possession of Lortab, possession of less than 8 ounces of marijuana, possession of a controlled substance not in its original container, possession of drug supplies, excessive window tinting, having no tint label and failure to notify the Department of Transportation of an address change. A charge of first-degree possession of cocaine was dismissed in return for a guilty plea to the other charges.

Galarza was sentenced to two years' probation. Court records also list his address as 610 Meader St. in Campbellsville.

- Jeremy Matthew Holmes, 27, of Ray Street in Campbellsville pleaded guilty to first-degree selling a controlled substance. A charge of being a second-degree persistent felony offender was dismissed.

At his next appearance on Tuesday, Jan. 20, Holmes was sentenced to five years' probation and ordered to pay $84 in restitution to the Campbellsville Police Department Drug Elimination Fund and a $1,000 fine.

Court records also list his address as 415 Walling Ave. in Campbellsville.

- Sarah Nicole Holmes, 26, of 98 Tharpe Drive in Campbellsville pleaded guilty in two separate cases to two counts of first-degree selling cocaine.

At her next appearance on Dec. 2, Holmes was sentenced to five years' probation and ordered to pay $340 in restitution to the Campbellsville Police Department Drug Elimination Fund and a $1,000 fine.

Court records also list Holmes' address as 38 Anna Court in Campbellsville.

- James M. Perkins, 28, of 713 S. Columbia Ave., Apt. 1, in Campbellsville pleaded guilty to receiving less than $300 in stolen property. He originally faced a charge of receiving more than $300 in stolen property. A second-degree persistent felony offender charge was dismissed.

Perkins was sentenced to two years' probation and ordered to pay a $100 fine.

In addition to the Nov. 7 docket, court records from a March 4, 2008, court appearance by Johnny Ray Reardon Jr., 35, of 124 Ray St. in Campbellsville just became available as well.

In January 2008, Reardon pleaded guilty to four counts of first-degree wanton endangerment, a second-offense DUI, second-degree disorderly conduct, driving on a suspended license and failure to wear a seat belt.

At his March court appearance, Reardon was sentenced to four years' probation and ordered to serve 14 days in jail, attend a one-year alcohol and drug education program, have his license suspended for 12 months and pay a $350 fine. He was given credit for 14 days he has already served.

Reardon's probation was revoked last month for failure to report to the probation and parole office, continued drug use and new criminal charges.

He was sentenced to serve two years in prison, though he was given credit for 53 days he has already served. His sentence will be served at the same time as a sentence in a Marion County case.

Court records also list his address as 108 Wethington Court and 108 Washington Court, both in Campbellsville.

- Staff Writer Calen McKinney can be reached at 465-8111 Ext. 235 or by e-mail at reporter@cknj.com. Comment on this story at www.cknj.com.