October 21, 2014

Pugh enters not guilty plea

Former Gardner City Council member Dennis Pugh pleaded not guilty to battery and criminal deprivation of property. His attorney, Mark Lewis, Gardner, asked that the case be set aside for 45 days as the district attorney’s office considers Pugh’s request for diversion.
Judge Pro Tem Joshua Allen denied that request as a court date has already been set for 11 a.m. on Jan. 12.
Allen twice asked the charging attorney if he would like to request bond, and twice, the prosecutor said he didn’t think bond needed to be set.
Pugh faces charges stemming from an altercation that occurred after a council meeting on Dec. 2. That evening’s council meeting ended with a heated discussion about videotaping council meetings.
Pugh stormed out of the meeting prior to adjournment after shouting at council member Larry Fotovich.
After the meeting, Pugh allegedly drove to Fotovich’s house, which is located in the same neighborhood as his own, and put Fotovich in a headlock. At that point, Fotovich removed a video camera from his pocket and started recording the altercation.
Fotovich alleges in a protection from stalking order that Pugh then “tackled” him in an effort to take away the camera.
Pugh resigned from the council after the District Attorney’s Office filed charges related to the altercation.
The protection from stalking order remains in effect.
— Danedri Thompson

Comments

  1. Judith Rogers says:

    On what basis, reasons or conditions has Pugh asked for diversion????

  2. Favortism says:

    On 12/27 a young Gardner man was arrested and booked into jail for battery. His bond was set at $500. Why was he treated differently than (former) councilman Pugh? Check the sheriff’s website, second entry down on December 27. I’ve always said, had it been anyone else, they would have been hauled to jail. Pugh made a mistake, a bad one, but Gardner police should not play favorites. That’s deliberate.

  3. @Favoritism says:

    Details are important. Did the sheriff’s website specify the situation around the young Gardner man’s arrest? Did his battery occur in the presence of witnesses? Did he have a prior record or history of violent behavior? (That’s also the answer to Judith’s question). Was he deemed by the courts as a greater flight risk?

    GPD was very specific as to why Pugh wasn’t “hauled to jail”. Comparing his case to others works only if the details are the same. Do you have specific allegations you would like to make to or about the Gardner Police Department about improprieties on how they handled this, or are you just blowing smoke?

  4. @Favoritism says:

    Also, you mention the sheriff’s website. Wasn’t Pugh’s case initially investigated by Gardner police? What kind of favoritism can occur with two different law enforcement agencies?

  5. Jerry L Kellogg Sr says:

    The District Attorney makes all decisions regarding diversion policy. Diversion is a program intended to give a “second chance” to offenders who commit a relatively minor criminal offense. Diversion may be offered to defendants who have no prior diversions and/or convictions and are charged with misdemeanor offenses, including Battery and Criminal Damage to Property. A defendant’s application for diversion may be rejected or denied if not submitted within 30 days of the first court appearance. Diversion is a privilege and not a right. There is no guarantee diversion will be granted in any given case. The needs of the offender are considered less important than the rights of the victim and the interests of public safety. In determining whether to grant diversion, the DA will consider the defendant’s genuine sense of remorse, acknowledgement of the acts charged and accountability for the consequences of his actions.

    http://da.jocogov.org/sites/da.jocogov.org/files/DiversionPolicy%20Nov%202011.pdf

  6. Judith Rogers says:

    What accountability is there in diversion??? Does the victim think diversion is a rightful result of the crime committed??? What does Pugh have to say as a reason for diversion for himself??? Who decided that assault is a “minor criminal offense”??? Pugh says he is “not guilty” and yet asks for diversion…………..more of the same ole lack of accountability and responsibility that is so rampant in our society today but especially with the worthless politicians.

  7. Read, first, Judith says:

    You’d think that as much time as you spend writing stuff out here, Judith, that you would be capable of reading as well. If you’re still not sure about what diversion is, try Googling for it. That would make YOU accountable for some of the things you post.

    Also, you might consider reading the Tri-County Newspapers warning. You know, the one above the Speak Your Mind heading? Pay particular attention to the parts that warn about “comments that…are of…libelous nature”. If you don’t care about libel, maybe the webmaster will.

  8. Favortism says:

    Rather than giving me the business, why not look at the sheriffs arrest log and you’ll see the man in question was arrested by Gardner Police officers. From the looks of the record, it doesn’t look as though he had previous problems. It’s all public record. Look before you open your mouth. You sound like a cop or city official coming out blasting like that. Believe me, if I ever commit battery, and Gardner cops take me to jail, I will definitely blow more than smoke. Until then, calm down and quit getting your panties in a wad.

  9. Favortism says:

    I can also be very specific as to why I think GPD didn’t haul Pugh to jail; it’s called CYA.

  10. @Favortism says:

    And it’s on the sheriff’s website. Yeah, right. Whatever. Seeing as how you didn’t publish a link, I wasn’t going to search around looking for your pet conspiracy theories. Sheriff vs. GPD, tell us why the sheriff department is posting GPD arrests. I don’t spend my free time looking up who got arrested. You sound like Judith. And libeling the GPD by accusing them of improper behavior ought to be something that you should be concerned about.

  11. Favortism says:

    Since you can’t figure out how to use the sheriff’s website, I cut and paste it for you. You have to type in jocosheriff.org to find it. You know, put your finger on the keyboard, which you probably can’t do while you’re running your mouth.
    Why don’t you go eat a doughtnut.

    Tuesday 12/27/2011
    BOOKED

    ——————————————————————————–

    Last Name First Name Middle Name Race Sex DOB Address City State Zip
    MILLER JOHN WAYNE W M 03/01/69 856 S WOODSON CT GARDNER KS 66030

    CFN Booking Number Booking Officer Booking Date Booking Time Agency Arresting Officer Arrest Date Arrest Time
    169836 11015503 1430 12/27/11 23:09 KS0461200 DRINKARD/GPD 12/27/11 22:00

    Charge Charge Desc Charge Type Charge Level Dispo Bond Warrant
    21-5413(a) BATTERY OY
    B $550.00

    Comments Mugshot
    SHANES BONDING-BOND POSTED-GR MUN CT-LT DVORAK

  12. @Favoritism says:

    Since nobody out here can read your mind, why in the world should we be able to intuit who you were talking about? I’m still not seeing the conspiracy you seem determined to find, though. That info says nothing about the details of the arrest or the arrestee. So you’re STILL comparing apples to oranges, trying to suggest that one Battery arrest is the same as another. Was this supposed to be your proof that GPD was protecting Pugh?

    And while we’re at it, let’s talk about “running mouths”. You posted an unsubstantiated accusation against our city’s police department, neglected to provide any details about your accusations and, when asked to come up with ANYTHING to back what you’re saying, you cut and paste information about an individual’s arrest record on an open forum. You jumped into to this discussion by opening YOUR mouth. Apparently with no proof other than seeing “GPD” and “Battery”.

    On top of it all, you seem to have ignored the warning on the sheriff’s website that tells people not to misuse information posted there. That it’s a crime to do so. Do you have nothing better to do than to search arrest records for people you know so you can make wild allegations that have nothing to do with them and you can smear their names all over the web?

    Keep digging that hole. You’re doing a really nice job of disproving your point.

  13. Favortism says:

    You need diversion. First you threaten me with libel for saying Gardner police play favorites – if everyone who says police play favorites were sued, the countries courts would be full. Now you threaten me for ignoring a warning on a website, and for posting public information clearly indicating where the info was from. Plus you accuse me of conspiracies theories. Seriously. Get a grip. Accept help. But you are right about one thing: I don’t have more time to waste on your rants. Babble on.

  14. @Favoritism says:

    “Threaten” you with libel. You’re the one who keeps tossing out unfounded allegations. No threat if you’re libeling people. Sheesh, get a grip.

    And you’re also seeing evil plots by GPD, even though you can’t back them up and refuse to do so. What WOULD you call suspecting our local police department with being in cahoots with a Council member, if it’s NOT a conspiracy theory? Fantasy? Fiction?

    Sorry if pointing out the obvious flaws in your…well, I can’t call it “logic”…maybe “unlogic”…seems bizarre to you. But you seem to be confused about what comprises fact and what comprises imagination. And you don’t seem to be bothered with breaking laws yourself…all so you can…well, TRY…to make a point. Best of all, you don’t seem to mind smearing people’s names. You think the guy whose arrest record you posted is gonna kiss you for pointing out his arrest? I’m not sure I’d ntagonize a guy who was busted for battery. But hey, if you don’t mind it, go right ahead. It’s YOUR rant, that GPD is protecting Pugh. Feel free to drag into it whoever you feel like.

  15. Judith Rogers says:

    There are always those out there to cover the rearends of the wrongdoers………see much of it in our society today and is the big reason we have so many problems……….as I have said many times before, many have lost their moral compass and mainly because money and greed are their God………do the ole intimidate, fear, manipulation, conniving games – it doesn’t change a thing about what is right and what is wrong…………………

  16. And that happened, how? says:

    There are always those who see injustice in everything, regardless of whether or not it exists. Judith, are you saying, like Favoritism, that GPD covered Pugh? Do YOU have proof, seeing as how Favoritism didn’t?

  17. 01/03/2012
    COUNT 1 21-5803(b)(2) PLAINTIFF APPEARS BY BAIRD,DEFENDANT APPEARS WITH ATTORNEY LEWIS,READING WAIVED ,PLEA NOT GUILTY,DEFENDANT ORDERED TO PERSONALLY APPEAR AT NEXT COURT HEARING (DWV)()

    I think he will simply be fined with possible probation. He might get a diversion since he has no priors. Also, JOCO tends to give out diversions to first timers. Perhaps this humbeling experience will cool his temper a bit.

  18. Diversion is by no means “getting off scot free”. He’ll have to keep his nose clean or will face even worse.

  19. Judith Rogers says:

    You have so many problems with illegal immigration, drugs, etc. simply because the laws on the books are not enforced and/or prosecuted as they should be and you have it every day when the laws of the land become “pretend” or “make believe” laws by those who go along with diversion, plea bargains, etc. Politics is in every area of your day to day life and it shows…………..in so many ways…………..again many do not want to be held accountable or responsible and there are those who enable this type of behavior since they are so ready to go along to get along by turning their heads when it is easier than confronting the truth or suffering the consequences of actions……

  20. Judith Rogers says:

    Also, to me it is much more important as to how the Dist. Attorney handles this case rather than the Gardner police since they were the entity to bring charges against Pugh by reviewing all of the facts of the case…………..now the most important thing is whether that office will play politics or actually enforce the law as they should. Will Pugh walk with a slap to the hand or will he actually suffer the consequences of his actions and be held responsible and accountable???? Also it is most important that ALL law enforcement agencies act in a balanced and unbiased manner, however, just like in politics, with all of the cronyism government that we have these days, does that actually happen???? Justice seems to be dying on the vine as we speak.

  21. May you should give him some of your happy day tablets :)

  22. Don’t worry about the diversion everyone!
    If he gets it we will sick Judith on him :)

  23. Judith Rogers says:

    Yeah, like Pugh or the Dictator and others like them care about what I think………they care much more about what the big boys are thinking or wanting………..or what they can get by with…….

  24. State of Affairs says:

    So much for moving to a small-town community. It is getting like a big city war zone.

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