Trial Set for Richmond Cemetery Vandals

Trial set for alleged cemetery vandals
(Archived article @ Newsbank)
Emily Burton ~ The Richmond Register ~ 10/17/2010


Three people accuse of violating more than 150 graves at Richmond Cemetery are headed to trial.

Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, are accused of damaging more than 150 grave markers at the cemetery on April 3. The stones were dated from the 1850s to the early 20th century.

The trio was indicted on the charges in September, and have appeared in circuit court several times for pretrial conferences, which have been continued.

On Thursday, Clouse set a trial date for all three of March 14, 2011. The trial is expected to take two days.

The case is being prosecuted by the Fayette Commonwealth’s Attorney Ray Larson, because Thomas Smith, assistant Madison Commonwealth’s attorney, recused himself as prosecutor from the case in July because he also serves as chairman of the Richmond Cemetery Board.

Combs, Gross and Smart all are charged with one count each of violating graves, a Class D felony; second-degree criminal trespass, a Class B misdemeanor; and first-degree criminal mischief, a Class D felony.

In addition, Combs faces a charge of second-degree persistent felony offender, which could escalate the violating graves charge into a class C felony. This means he could be sentenced to up to 10 years in prison if convicted.

Should Gross and Smart be convicted, they could each be sentenced to up to five years in prison.

Prosecutors from the Fayette Commonwealth’s Attorneys office said in September they would not be offering a plea agreement to any of the three.

Emily Burton may be reached at eburton@richmondregister.com or at 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com.