Jury convicts county man for bad check
Published 5:00 am Wednesday, June 13, 2001
A Lincoln County man is awaiting sentencing after beingconvicted during a rare felony bad check trial, according torecords from recent court action.
A jury needed about two hours to convict Huey Ray Smith, of 2908Ellzey Britt Road, of a felony bad check charge during a Thursdaytrial last week before Judge Keith Starrett. The defendant faces amaximum three years in prison and a $1,000 fine.
Smith was accused of writing and cashing a $6,200 check at theSoup and Crackers business on Union Street Extension. Felony badcheck charges are pursued when the check amount is $100 ormore.
Assistant District Attorney Jerry Rushing said the businessowners testified that they were told the money was for loggingequipment expenses, but the defendant asserted it was for a banknote. Also, the defendant said there was an agreement for thebusiness to hold the check for a period of time, but the victimsdenied there was any such agreement.
“The decision the jury had to make was whether or not there wasan intent to defraud at the time the check was given,” Rushingsaid.
Rushing said bad check trials are not held very often. Herecalled perhaps one or two in his 11-year career.
“Most of the time we get them worked out. (The defendants) pleadguilty and pay restitution,” Rushing said.
In other recent court cases, four defendants pleaded guilty tofelonies and were sentenced. Three of the four received jail time,with the fourth heading to Starrett’s drug court program.
Those pleading guilty and their crimes include:
* Jerri Watts, 35, of 2067 Barto Leggett Lane, McComb –Unlawful possession of more than one kilogram of marijuana withintent to distribute. He was sentenced to eight years and placed inthe therapeutic alcohol and drug program. He was also ordered topay a $5,000 fine.
* Jeffrey Paxton, 21, of 2719 James Dr. — Unlawful possessionof cocaine. He was sentenced to three years, with the time runningconcurrently with another sentence he is now serving. He was alsoordered to pay a $500 fine.
* Kendrick Bryant, 23, of 794 Zetus Road — Unlawful sale ofcocaine. He was sentenced to six years and ordered to serve thefirst two, with the remainder on post release supervision. He wasalso ordered to obtain his GED while in prison and to pay a $5,000fine.
* Alice Kelly, 40, of 1077 Crooked Lane — Felony bad check. Shewas sentenced to three years, but accepted placement in drug court.She was also ordered to pay a $500 fine and full restitution.