Update on three criminal cases | County News

WEISSE BERGE – The Independent has been prosecuting a number of criminal cases that have generated a lot of interest. Below is an update on three of them.

Wilbert, 65, from Denver, Colorado rolled a vehicle that killed his wife while driving along State Route 191 on the Navajo Nation just before midnight on September 10, 2020. On December 9th, he pleaded guilty to manslaughter and crimes. and was convicted on January 6, 2021. The case is unusual in that most of the cases where someone dies take a long time to resolve. But Wilbert was up front with investigators from the Department of Public Security, that is, the officers once told him that they did not buy his story that the late Mrs Kim Robinson, 59, was driving the vehicle. He admitted to drinking and took a portable breath test, which recorded a blood alcohol content of 0.173; The suspected impairment for drivers in Arizona is 0.08.

Wilbert waived a preliminary hearing in November and pleaded guilty the following month. He requested to be sentenced as soon as he appealed, but one of the parties wanted to prepare a preliminary report so that the sentence could be scheduled for January. Family members appeared in court at Zoom and it was clear that they mourned the loss of Ms. Robinson, but also supported Wilbert, perhaps because he acknowledged his guilt, was saddened himself and seemed ready to face the consequences.

The plea agreement contained a number of sentences: for Manslaughter, a Class 2 crime, the lower end of the sentence is 3 years in prison; The maximum is 12.5 years. According to the criminal law, the so-called presumed sentence is 5 years, and this is what the judge ordered. He also received a 4-month sentence for the aggravated DUI charge, a Class 4 crime – that is the minimum, and sentences are imposed concurrently, not sequentially. Wilbert was given credit for 119 days already served in prison.

The case against Martin, 37, of North Carolina began in October with reports to DPS that someone shot vehicles on Interstate 40 in Navajo County. Martin and the car he allegedly drove appeared to match the gunner’s and vehicle’s descriptions, and he was arrested near Winslow. Martin was charged on October 5, 2020, but not for the shootings. Navajo County Prosecutors charged him with identity theft, vehicle theft and that he owned marijuana for personal use (based on the amount), which is no longer a crime.

It had been speculated that Martin was off the hook for the shootings, that he had not been charged for it because the investigation was still ongoing, and that the authorities were holding him on charges that they could hold him until additional charges were considered . Now Martin has in fact been charged with the shooting by a grand jury indictment dated January 12, 2021, on four counts of grievous bodily harm, class 4 crimes, and possession of a gun, although prohibited, a class 4 crime , were charged. The marijuana charges have been dismissed, but he is still facing identity theft and vehicle theft.

The new charges were awaited because his public defense attorney told the judge in public on December 8, 2020 that the lawyer did not understand why he kept receiving police reports from prosecutors about the shootings even though his client had not been charged. However, the question was answered when the grand jury filed their indictment. The bond was set at $ 100,000 for the new fees. The binding on the first sentence is unknown.

A sub-problem in this case is the lack of money. Defense claims the DPS seized cash from Martin and the attorney filed a request for a refund. The court has apparently not yet made a decision. His next court date is February 16. Martin is considered innocent by law.

Anderson, 35, of Round Valley was admitted to Apache County Jail on September 19, 2020 for allegedly shooting a man on a street in Concho in what appeared to be a random act. He was charged with attempted murder, a Class 2 crime, aggravated assault, a Class 3 crime, possession of drugs (meth), a Class 4 crime, disorderly behavior, and drug paraphernalia, both Class 6 crimes.

The parties thought they had a resolution last year. Anderson signed a declaration of consent to plead guilty of the drug charge and aggravated assault. On December 2, he expected to enforce the request and spend eight months in prison (not in prison) and intensive inpatient drug rehabilitation. But there was a catch. It wasn’t that prison was bringing back the wrong James Anderson, which they had done before, but apparently new victims were emerging that the parties were unaware of. The matter was settled as the parties worked this out and they came up with a new agreement. The new agreement provides for ten months’ imprisonment (not prison) and anger management counseling instead of inpatient drug rehabilitation. Anderson was sentenced in February, according to court records. The court obeyed the agreement.

But others were also charged in connection with this incident. Julie Berger, Anderson’s mother, has been accused of obstructing law enforcement and manipulating evidence. Prosecutors claim she hid the gun Anderson used. Berger hired an attorney, David Moore of Moore Law, PLLC on Show Low, to fight the charges. In January, however, Moore was appointed the new prosecutor for Show Low and Pinetop Lakeside, and the court allowed him to withdraw from Berger’s case. Berger is considered innocent and her next court date is February 24th.

Two men, Jose Perez and Milford Bigelow, were also charged with obstructing law enforcement by hiding Anderson before MPs arrested him. Perez pleaded guilty and received three years probation.

Biglow pleaded guilty on Jan. 27, but may not get off as easily as Perez for guilty of a crime in the past 10 years, a 2014 Apache County Dangerous Drugs conviction. It’s up to the judge, him sentenced to three years probation or imprisonment, one to three and three quarters of prison. His next court date is also February 24th.

Comments are closed.