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Salyersville Independent

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Grand jury releases indictments

SALYERSVILLE – A Magoffin County grand jury released the following indictments on November 4, 2021:

James Lee May, 34, of Campton, is charged with second-degree assault (Class C felony), first-degree unlawful imprisonment (Class D felony), and first-degree wanton endangerment (Class D felony). According to the indictment, on or about October 27, 2021, May allegedly restrained another person under circumstances which exposed that person to a risk of physical injury, which occurred and created a substantial danger of serious physical injury.

According to the original arrest citation, May reportedly would not let the person out the car he was driving, with the person opening the door and screaming for help before the vehicle hit a bump and threw the person out of the car. According to the victim’s statement, the car then proceeded to run over the person, causing some non-life-threatening injuries.

Terry Cobern, 44, of Jack Adams Subdivision in Salyersville, is charged with first-degree possession of a controlled substance, first offense, methamphetamine (Class D felony); second-degree fleeing and evading police on foot (Class A misdemeanor); possession of drug paraphernalia (Class A misdemeanor); and second-degree persistent felony offender (penalty enhancement). According to the indictment, on or about July 16, 2021, Cobern allegedly possessed a quantity of methamphetamine and other drug paraphernalia, and attempted to run away from Magoffin County Sheriff Deputy Jordan Osborne, disobeying a direction to stop. Cobern was previously convicted of a felony within the last five years, which was a 2019 Johnson County Circuit Court case.

Jose Diaz, 37, of East Mountain Parkway, Salyersville, is charged with first-degree wanton endangerment (Class D felony); first-degree fleeing and evading police, motor vehicle (Class D felony); operating a motor vehicle under the influence of a substance, third offense, aggravated circumstances (Class A misdemeanor); leaving the scene of an accident/failure to render aid or assistance (Class A misdemeanor); driving on DUI suspended license, first offense (Class B misdemeanor); and failure non owner operator to maintain required insurance (Class B misdemeanor). According to the indictment, on or about September 21, 2021, Diaz allegedly engaged in conduct which created a substantial danger of death or serious physical injury too another person, ran on foot from Salyersville Police Department Officer Neal Adams, disobeying directions to stop, operated a vehicle while under the influence of alcohol or a controlled substance and while his license was suspended for at least one previous conviction of driving under the influence, left the scene of an accident without notifying law enforcement or rendering aid to any injured person, and failed to maintain insurance.

Shane D. Prater, 30, of Brushy Loop, Salyersville, is charged with receiving stolen property under $10,00 (Class D felony). According to the indictment, on or about August 2, 2021, Prater allegedly received, retained or disposed of movable property of another person, with the value of the property believed to be $6,750 and knowing it had been stolen.

Joshua Sargent, 19, of Stanton, is charged with theft by unlawful taking all others, $10,000 or more but under $1 million (Class C felony); first-degree fleeing and evading police on foot (Class D felony); resisting arrest (Class A misdemeanor); and menacing (Class B misdemeanor). According to the indictment, on or about October 3, 2021, Sargent allegedly took control over movable property of another person, valued at $20,000, ran on foot to attempt to evade police, ignoring directions to stop given by KSP Trooper Mark Spencer, attempted to prevent Trooper Spencer from arresting him, and intentionally placed another person in reasonable apprehension of imminent physical injury.

Wesley Darrell Prater, 31, of Brushy Loop, Salyersville, is charged with second-degree burglary (Class C felony). According to the indictment, on or about October 22, 2021, Prater allegedly entered or remained unlawfully in a dwelling owned by another person, with the intent to commit a crime.
Warrants were issued for all defendants indicted on November 4.

Editor’s Note: The indictment or charge of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.

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