[November 06, 2009]

Fake cash case goes to grand jury

Nov 05, 2009 (Richmond Register - McClatchy-Tribune Information Services via COMTEX) -- Charges of possession of counterfeit money against a Georgia man will go forward after a preliminary hearing Wednesday in Madison District Court.

Charles Demetrius Simmons, 45, of Atlanta, faces five counts of first-degree criminal possession of a forged instrument after he was arrested Oct. 6 outside Walmart on the Eastern Bypass.

Richmond police officer Garry Murphy testified that Simmons allegedly had attempted to use four counterfeit $100 bills to purchase a laptop computer at the store around 5 p.m.

Employees at the store denied the transaction after a cashier noticed that the security strip and watermark on the bills were from a $5 bill, and all of the bills had the same serial number, Murphy said.

Once the transaction was refused, Murphy said, Simmons fled on foot and attempted to get into a white Ford Crown Victoria in the store's parking lot before running away from the store down the Eastern Bypass.

Murphy, who was responding to the report, encountered Simmons as he fled and took him into custody. A search uncovered a fifth bill in Simmons' pocket, Murphy said.

During an interview, Simmons told police his boss had driven him from Atlanta to Richmond and gave him the bills to purchase the computer, Murphy said. Police have been unable to locate the man to confirm Simmons' story, Murphy testified.

Madison District Judge Charles Hardin found probable cause following the hearing to send the case on to a grand jury for possible felony indictment.

Hearing interrupted A preliminary hearing against a man charged by Berea police with possession of Xanax and cocaine was abruptly halted for a bench conference that resulted in a plea to misdemeanor charges.

Michael R. Cook, 32, of the 200 block of Water Street, Berea, had been arrested Oct. 24 after being pulled over for driving on a suspended license, a Berea police officer testified.

During a search of Cook's person, two bottles of Xanax and a small baggie of marijuana were found, the officer testified, and a search of Cook's car uncovered a plastic bag of cocaine.

That search of the car apparently was the reason for the bench conference between Madison County Attorney Marc Robbins, defense attorney Valetta Browne and Hardin, as Robbins asked the officer where Cook was during the search of the car, which was conducted as a "search incident to arrest," according to the testimony.

A recent Supreme Court decision, Arizona v. Gant, set limits on when and how police officers are permitted to search vehicles following an arrest.

Following the conference, Robbins introduced a motion to amend the first-degree possession of cocaine charge to a misdemeanor attempt charge and Cook pleaded guilty to that charge as well as the misdemeanor marijuana and Xanax possession charges and the driving on a suspended license charge.

Cook was sentenced by Hardin to 180 days in jail, 150 of which are probated for two years. The remaining 30 days will be served under home incarceration, and Cook will be required to pay court costs.

Robbins said Wednesday afternoon that the decision to deal with an evidence suppression issue in district court was unusual but correct.

"It was a just resolution based on the facts," Robbins said. "The officer did nothing wrong, it was just a close case." Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694.

To see more of the Richmond Register or to subscribe to the newspaper, go to http://www.richmondregister.com. Copyright (c) 2009, Richmond Register, Ky.

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