Judge considering bond for Anniston restaurant owner

Dave Mogil

A judge was deliberating Tuesday on whether to set a bond for Anniston restaurant owner Dave Mogil, who was jailed more than 10 weeks ago and who faces numerous criminal charges.

The owner of Damn Yankees has been jailed since his Nov. 20^th arrest on a charge of aggravated cruelty to animals. Prosecutors allege Mogil beat his girlfriend's dog, Coco, with a hose, and that the dog later fell or jumped from a second-story patio at his home atop Damn Yankees in Anniston.

Mogil was serving a two-year probation for a 2014 conviction of harassment when he was arrested on the animal abuse charge. That harassment conviction was for shoving a woman in the back and cursing at her repeatedly.

Citing his probationary status, the arrest in November on the animal cruelty charge and a 2013  indictment on charges of second-degree assault, disorderly conduct and resisting arrest, prosecutors asked the courts to revoke his probation. A judge did so Nov. 25. A Calhoun County grand jury is to hear the case against Mogil on the animal abuse charge in March.

David Dethrage, former mayor of Anniston from 1992-96, told the court that he has known Mogil for many years and would agree to check on him and report Mogil’s demeanor to the court if he’s released on bond.

All of Calhoun County’s judges recused themselves from the cases of resisting arrest, second-degree assault and disorderly conduct charges lodged against Mogil. The Alabama Supreme Court in January 2014 appointed Chambers County Circuit Judge Steve Perryman to oversee them.

Perryman said Tuesday that he would read over transcripts from the earlier hearing and would likely come to a decision on Mogil’s release on bond later that day. Perryman’s court clerk said after Tuesday's hearing that the decision may not come until today.

Also on Tuesday, Mogil pleaded guilty to second-degree criminal mischief, and Perryman sentenced him to one year of probation for causing more than $2,500 in damage to an Anniston attorney's 2002 Mercedes Benz SUV in March of 2012.

State will not object to execution stay for Scottsboro man

William Kuenzel

William Kuenzel's lawyers filed a motion for a stay of execution Tuesday and Alabama’s attorney general didn't oppose the motion.

Kuenzel, is on Alabama’s death row for the 1987 murder of Linda Jean Offord, a Sylcacauga convenience store clerk. Last year, the Alabama Supreme Court scheduled him for execution by lethal injection March 19, but a state appeals court later agreed to consider his case in a hearing in early April, more than two weeks after the scheduled execution.

Mike Lewis, spokesman for the attorney general's office, confirmed that the state was not opposing the motion.

Kuenzel has long maintained his innocence, saying he wasn't in the convenience store at the time of the shooting. No fingerprint or blood evidence connected Kuenzel to the crime, but a co-defendant, who testified in exchange for a lesser sentence, identified Kuenzel as the assailant.

In addition to his capital murder conviction, Kuenzel also pleaded guilty to attempting to bribe a witness to provide him with an alibi in the case.

Scottsboro Teacher/Coach resigns

Kandace Christopher

A Scottsboro school employee has been arrested and charged with having sexual relations with a student.

A statement from the Scottsboro City School System stated they received a report of misconduct by a teacher in their school system. They immediately notified DHR, the Scottsboro Police Department, and the Alabama State Department of Education.

On Sunday, the Scottsboro Police Department received a call about a missing juvenile. Responding officers learned the juvenile ran away after being confronted by her parents about a relationship between the juvenile and a teacher and coach from school.  The juvenile was found several hours later and returned to her parents.

When The Scottsboro Police Department Detective unit investigated the relationship allegations, they found there had been a relationship between the girl and teacher Kandace Christopher, 26 of Fort Payne, for the past three months.

While the school system conducted their internal investigation, Christopher submitted a resignation effective immediately.

Christopher's Facebook page states she served as a history teacher at Scottsboro High School, but also served as a junior high basketball coach and assistant varsity softball coach.

Christopher was arrested at the Scottsboro Police Department Monday afternoon and charged with: School employee engaging in a sex act or deviant sexual intercourse with a student under the age of 19 (class A misdemeanor), and School employee having sexual contact with a student under the age of 19 (class A misdemeanor).

A bond of $16,000 has been set, and Christopher was transferred to the Jackson County Jail.

 

Medic assaulted during medical call

A Gadsden Fire Department medic reported he was assaulted Monday afternoon by a man he was trying to treat after a report of a possible overdose.

Paramedics were called to North Fourth Place about 4:30 p.m. Monday for a medical call. A man reportedly had overdosed on Xanax ,a prescription drug used to treat anxiety and panic disorder, and was passed out in a vehicle. When medics arrived, the man’s girlfriend told them he was armed with a handgun. The 43-year-old medic told police he saw the man slumped over the steering wheel in the vehicle, unresponsive.

When the medics opened the car door to render aid, the man suddenly began to struggle. He threatened to kill them, and he got back into the drivers seat and kicked the car door.

The injured medic was holding the door, and, when the suspect kicked it, the door caused a 5-inch scratch across his abdomen.

The man, a 29-year-old from Anniston, was able to start the vehicle and drive away, swerving around the fire truck.

He fled to the 400 block of Duncan Street, where officers used a Taser to subdue him. Officers discovered two guns — a Universal MI 30 Carbine semi-automatic rifle and a Smith & Wesson .38 Special — in the vehicle. The two guns had been reported stolen in Rainbow City.

The injured medic was taken to a local hospital and treated with antibiotic ointment.

Glencoe woman charged after deputy stuck by hidden needle during search

Leah Nicole Bragg

The Etowah County Sheriff's office has charged a Glencoe woman after a needle in the suspect's waistband stuck the deputy who was booking her into jail.

Leah Nicole Bragg has been charged with third degree assault, third degree promoting prison contraband and reckless endangerment, all misdemeanors, for the incident.

Bragg was being booked into the jail on Jan. 16 on three counts of negotiating worthless instruments.

Deputies “repeatedly” asked Bragg if she had anything in her clothing or on her person that could harm the deputy, and she consistently said no.

But as the deputy searched Bragg, a needle hidden in her waistband struck the deputy in the hand.

“Sheriff Entrekin said Many obvious dangers exist everyday for deputies,”. “But, the dangers that many may not think of can put deputies' health in jeopardy when faced with the threats of dirty needles and other drug paraphernalia.”

Bragg has been released from the Etowah County Detention Center on a $2,500 bond.