A Wayne County man has been found guilty of wanton murder in the 2009 shooting death of a local woman.
Following four days of testimony in the Richard Smith murder trial, a Russell County jury deliberated into the early morning hours on Friday, March 30 before returning with the verdict and the recommendation for sentencing.
Smith, 53, was convicted of killing Samantha Rigney, a young mother who was sitting on her porch with her family when she suffered a fatal gunshot would to the head on September 5, 2009.
Officials allege that Smith rode up to the Rigney residence on horseback, pulled a pistol from his waistband and began to fire shots.
Smith was indicted for murder and five counts of first degree wanton endangerment. The jury found him guilty of wanton murder, three counts of first degree wanton endangerment and two counts of wanton endangerment second degree.
The verdict was returned just after midnight ET on Friday, March 30, after about eight hours of deliberation.
The jury then entered the penalty phase and deliberated about a half hour before returning with sentencing recommendations. The defendant did not testify during the trial, but did take the stand for the sentencing phase of the trial.
The jury recommended a 20-year sentence on the wanton murder charge. They recommended two years each on the wanton endangerment charges and 12 months each on the misdemeanor charges. The misdemeanor sentence will run concurrent with the felony charges.
Commonwealth’s Attorney Matthew Leveridge stated that Smith will be required to serve 85 percent of the 20-year sentence for wanton murder before he will be considered for the possibility of parole.
“I am pleased with the jury’s verdict,” stated Leveridge. “They took their time in deliberations and gave the case great attention. I want to thank the jury members for all their hard work and dedication in this case.”
The Smith trial was moved to Russell County in December 2011, when efforts to seat a jury in Wayne County failed. Smith’s trial in Russell County began on Monday, March 26. Jury selection took the entire first day of proceedings. The panel was seated late that afternoon.
Opening arguments were held Tuesday morning, followed by presentation of witnesses and evidence by the Commonwealth. Among early witnesses for the prosecution was the victim’s husband, Jonathan Rigney.
The Commonwealth rested its case on Wednesday afternoon.
The defense began presenting witnesses in its case on Thursday morning. Smith was represented by Mark Stanziano.
The defense rested its case that afternoon and it went to the jury at about 3:15 p.m.
Formal sentencing for Smith has been set for May 8 in Wayne Circuit Court.
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Several meth-related incidents have kept local authorities busy recently, including an incident that occurred on Friday, March 30 at Rite Aid. Police responded to the store to a complaint of an intoxicated person at approximately 7 p.m.
Upon arrival, the responding officer found 27-year-old Lori Garner. Garner apparently assumed she was being approached about shoplifting and she poured the contents of her purse out onto the floor.
Among the contents of the purse was a small bottle containing a white substance which Garner said was salt and she said she would demonstrate that it was salt. She proceeded to pour the substance into her mouth. The substance was in fact a very caustic substance, believed at this time to be lye, Draino or something similar.
Garner was transported to Wayne County Hospital and then to Lake Cumberland Regional Hospital in Somerset, where as of last Monday morning, she remained on a ventilator.
Garner may eventually face charges of manufacturing meth, public intoxication and possibly other charges.
Two other persons with Garner were charged with manufacturing methamphetamine and lodged in Wayne County Detention Center. They were Dudley Appleby, 43, and Aaron Norrick, 39, both of Monticello.
The Wayne County Sheriff’s Office assisted in the response and investigation.
On Wednesday, March 28 at 11:47 a.m., Jeffrey Button and Thomas McClendon were taken into custody after an active meth lab was discovered. They were each charged with manufacturing meth and lodged in Wayne County Detention Center.
Officials also reported that eight meth labs were found off KY 200 in the Flat Springs area, but there have been no arrests in connection with those finds.
According to Public Affairs Officer Dale Morton with Operation UNITE, on Monday, March 19, Monticello Police were investigating a report of a man passed out at a home on Ridgewood Avenue around 10 a.m. and discovered he had two active one-step meth labs in his jacket pockets.
The chemical reaction occurring inside one of the containers caused a brief fire as Operation UNITE Detectives were attempting to neutralize the lab.
Baron Alexander, 41, of Cave City, was charged with manufacturing meth, along with several other outstanding arrest warrants.
Authorities have also reported at least four children were affected by meth lab investigations conducted in March. Two children were removed from a home on March 20. Two other children found a meth lab, with one reportedly kicking the one-step lab before notifying parents of the discovery.
On March 12, a ditch line meth lab was found on West KY 92 and a one-step used meth lab was found near a local manufacturing facility on West KY 90.
Meth labs can cause serious injury or death. If you find an active meth lab or one that has been tossed out in the ditch line, contact the 911 communications center immediately.
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An investigation is underway regarding contraband that was found at the Wayne County Detention Center. According to Jailer Ray Upchurch, a package was discovered on the floor of a public breezeway on Sunday, March 25.
A deputy jailer discovered that the package contained rolling papers and marijuana, wrapped in electrical tape.
Since this was found in a public area, no charges have been filed at this time. Upchurch said that surveillance tapes are being reviewed. The contraband items have been turned over to the Monticello Police Department.
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Defensive Action Against Drugs made an informative presentation of Addicted: A Dose of Reality possible for approximately 40 individuals during their March meeting. Members of the community as well as Magistrates Dale Vaughn and Jeffrey Dishman, County Attorney Tom Simmons, State Representative Sara Beth Gregory and Dr. David Gover were in attendance for UNITE Detective Chris Lyon’s program which covered all types of drugs–from meth and oxycontin–to cocaine, marijuana, heroin, mushrooms, inhalants and other narcotics.
While primarily working narcotics, Lyon commented he has seen lots of different drug trends, but times have changed and law enforcement officers are dealing with different drug issues than in years past.
Children in Wayne and other eastern Kentucky counties are now experimenting with drugs as early as the age of 11–causing damage to their brains before they’re fully functioning. Drugs or any substance abuse changes the brain, and even after one or two uses, permanent changes can be made. Medical studies say that the brain doesn’t reach it’s full potential “that it’s not fully developed” until age 25.
One in nine teens have abused cocaine and one in eight have abused cough medicine in their lifetime. One in three have abused marijuana and one in two teens have drunk alcohol within the last year. One in five teens say they have abused prescription drugs in their lifetime. Even 11, 12 and 13 year olds are going for over the counter medicines like cough syrup and Coricidin HBP.
According to Lyon, they really like the Robitusin DM brand and will drink a whole bottle to get “wild.” Some youth are also consuming about 50 or 60 of the Coricidin HBP pills to get high and this many pills at one time does cause hallucinations.
Lyon spoke about numerous drugs over the two hour meeting and of course, at a local level, meth continues to dominate any other drug.
According to Lyon, not a lot of cocaine is showing up in Wayne County and not as many people are growing marijuana.
It’s still plentiful though, but laws have changed and marijuana is not an arrestable offense anymore–unless law enforcement suspects the person charged may not show up for court.
Synthetic marijuana, a chemical component that mimics the effects of THC, was also a topic of discussion. Chemical designed in a lab are sprayed all through plant materials, and the chemical is similar to marijuana. But it’s much more potent. There are over 200 different types, but only five are federally banned and “the high” can be five to 100 times stronger than regular marijuana.
State Representative Sara Beth Gregory addressed the statewide ban on synthetic marijuana, saying the bill had passed the full House and was in the hands of the Senate. It passed the Senate Judiciary Committee this past week. Gregory further commented that Frankfort has to keep coming back and doing a ban every time a new chemical compound comes up, because a change in one molecule or one atom in the structure can change the legality issue.
The law that Kentucky is trying to pass is to ban these entire classes of compounds, so anything that mimics will fall under the same ban. If passed and signed by the Governor, the emergency clause allows it to become law immediately.
Lyon also touched on pill mills in other states and their effect on our communities. Lots of drug dealers in Wayne County are going to Florida to get prescriptions or Oxy and bringing them back here to sell them to other addicts. They must have a Florida ID, so they’re going to the state and getting a mailing address or post office box, and then a Florida operator’s license.
According to Lyon, the doctors are in on what’s going on. Drug dealers go in and take a MRI or pretend to have back pain, telling the doctor their lower back is killing them. According to Lyon, the physician doesn’t really care because he takes cash only.
The doctor does not accept Medicare, Medicaid or any type of insurance. He normally writes three different scripts to one individual for $250 cash.
It’s an ongoing process. The patients come back and sell the pills to teens and adults, making about 10 grand and 30 days later they go back, but this time they may take a couple of friends so they can see the doctor for pills too. Their friends trade a percentage of their pills for the ride down to the pill mill, and keep 10 or 20 pills for their addiction. Prescriptions are brought back to Kentucky to get filled so the individuals making the trip to Florida do not have pills in their possession coming back home.
The DEA is working now on catching the physicians. They are actively looking at doctors and Florida is not the only place for pill mills, others are located in Georgia, Tennessee, Cincinnati and Louisville.
Lyon said UNITE gets calls all the time from Florida law enforcement as they’re driving by parking lots and seeing Kentucky tags. They call wanting to know if UNITE is familiar with some of the subjects showing up at the pain clinics, and the inquiries happen on a daily basis. At other places in eastern Kentucky, drug dealers are loading up van or bus loads of people for the trip.
When it comes to your children and drugs, Detective Lyon recommended being pro-active. Participate in your school, home and community. Go along with your children and have them take part in activities that you both enjoy. Listen to the way they talk and what they’re talking about. Know who your child is friends with and who their friends are, who their friends’ parents are and what kind of home situation their friends have. Know family history. Create after school activities for your children.
Kids are more likely to experiment with drugs before a new school year, at the start of summer break, after joining a new sports team, after moving to a new neighborhood. Sometimes you can reduce the chance of your kids doing drugs by 50 percent by talking to your kids. Discuss the dangers of all substances.
Communicating with your children on a daily basis helps them feel connected to you. Children who make it to 21 years of age without experimenting with drugs “rarely ever” have problems with addiction in their lives.
UNITE detectives have to present probable cause to search residences. Parents can search their kids rooms anytime they like. You can search their phone anytime you want. You can search anything that has to do with them, anytime you like–as long as it’s on your property. If you regularly talk to your kids’ and you notice differences in attitudes–you may want to drug test them.
If they’re not on drugs, they should not have an issue with taking a drug test. If they’re using drugs, they may have a big problem with it, but at least you’ll know.