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.

Pretrial Set, New Charge Filed Against Richmond Cemetery Vandals

Three Indicted for Cemetery Vandalism
(Archived article @ Newsbank)
Ronica Shannon ~ The Richmond Register ~ 9/17/2010


RICHMOND — Three people charged with vandalizing Richmond Cemetery in April were indicted Wednesday on an additional charge of first-degree criminal mischief.

Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, appeared Thursday in Madison Circuit Court where they pleaded not guilty to the charge, and a pretrial conference for a previous charge of violating graves was continued.

Judge William G. Clouse agreed to proceed with an arraignment Thursday for the three at the request of their attorneys. This will allow the pretrial conference, scheduled for Oct. 14, to include both charges.

Assistant Commonwealth’s Attorney Thomas Smith recused himself as prosecutor in the case in July because he also serves as chairman of the Richmond Cemetery Board. A special prosecutor from the Fayette County commonwealth’s attorney’s office was appointed to try the case, and said Thursday that plea agreements would not be given to the three.

The group’s first indictment came in July for one count each of violating graves and second-degree criminal trespassing.

Richmond police allege that the three damaged more than 150 grave markers, some dating back to before the Civil War, during an April 3 incident.

Alcohol was suspected as a factor in the incident after police found a whisky bottle in the cemetery the morning after the markers were damaged.

Smith said the damaged markers dated from the 1850s to the early 20th century. Many of the markers were chipped or cracked, while some crumbled after being knocked down.

Violating graves is a Class D felony, while second-degree criminal trespass is a Class B misdemeanor. If convicted, they could serve up to five years in prison.

Combs also faces a second-degree persistent felony offender charge that would escalate the violating graves charge to a Class C felony, meaning that he could serve up to 10 years in prison if convicted.

Richmond Cemetery Vandalism Trio Indicted

Three Indicted for Cemetery Vandalism
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 7/23/2010


RICHMOND — Three people accused of causing more than $40,000 in damage to grave markers at the Richmond Cemetery were indicted by a grand jury Wednesday.

Joseph Dewayne Combs, 25, of Altamont Street, William Damien Gross, 19, of Keri Ann Drive, and Sara Elizabeth Smart, 20, of Waco, were indicted on one count each of violating graves and second-degree criminal trespass.

Richmond police allege that the three damaged more than 150 grave markers, some dating back to before the Civil War, during an April 3 incident.

Alcohol was suspected as a factor in the incident after police found a whiskey bottle in the cemetery the morning after the markers were damaged.

During a June preliminary hearing for Smart in Madison District Court, Richmond detective Matt Boyle testified that all three suspects had admitted they were drinking at the Cherry Pit and then went to the cemetery to continue drinking.

Boyle said Gross and Combs claimed all three had participated in the destruction of the markers, while Smart denied participating in knocking over the headstones.

Assistant Common-wealth’s Attorney Thomas Smith also is the Richmond Cemetery Board chairman, so a special prosecutor from the Fayette County commonwealth’s attorney’s office has been appointed to try the case.

Smith said the damaged markers dated from the 1850s to the early 20th century. Many of the markers were chipped or cracked, while some crumbled after being knocked down.

Violating graves is a Class D felony punishable by up to five years in prison if convicted, while second-degree criminal trespass is a Class B misdemeanor punishable by up to 90 days in jail.

Combs also faces a second-degree persistent felony offender charge that would escalate the violating graves charge to a Class C felony punishable by five to 10 years in prison if convicted.

The case has been assigned to Judge William G. Clouse, according to court records, but an arraignment date has not been set.

An indictment is a formal statement of charges and does not imply guilt.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.

Bond Increased for Richmond Cemetery Vandalism Suspect

Increase in bond for cemetery vandalism suspect
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 7/1/2010


RICHMOND — The bond for a woman accused in vandalism at Richmond Cemetery was increased Wednesday after she was accused of violating the terms of her release.

Sara Smart, 20, was charged June 21 with violating the terms of her bond and appeared in Madison District Court on Wednesday to answer the charge.

Charges of violating graves and second-degree criminal mischief against Smart and two other individuals are pending before a grand jury.

The three are accused of knocking over more than 150 grave markers in the cemetery during an April incident.

Smart had been free on a partially secured $10,000 bond since May 19.

Prosecutors agreed to dismiss the misdemeanor charge of violating the conditions of Smart’s release, and Judge Brandy O. Brown raised Smart’s bond to $10,000 cash.

3rd Richmond Cemetery Vandalism Suspect in Court

Third suspect in cemetery vandalism in court
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 6/3/2010


RICHMOND — The third person charged in connection with the destruction of approximately 150 grave markers in the Richmond Cemetery also will face a grand jury.

Sara Elizabeth Smart, 20, of Waco, saw charges of violating graves and second-degree criminal trespass sent to a grand jury following a preliminary hearing in Madison District Court.

Smart is charged along with two other people, 25-year-old Joseph Dewayne Combs, of Altamont Street, and William Damien Gross, 19, of Keri Ann Drive, in connection with the April 3 incident.

Combs and Gross waived their rights to a preliminary hearing May 19.

Detective Matt Boyle of the Richmond Police Department testified Wednesday about how Smart became a suspect in his investigation.

Boyle said all three suspects admitted that after a night of drinking at the Cherry Pit, they went to the cemetery to continue drinking.

Gross and Combs both claimed that all three were involved in the destruction of the grave markers, some of which dated back to before the Civil War.

Boyle told Smart’s attorney, Jimmy Dale Williams, that in a May 12 interview at the Jackson County Detention Center, Smart had told a similar story but said Combs and Gross were responsible for the destruction.

Smart was lodged in Jackson County on unrelated charges when Richmond police located her, Chief Larry Brock said last month after her arrest.

Madison District Judge Brandy O. Brown found probable cause following the hearing to send the case on to a grand jury for possible indictment.

Smart remains free on a partially secured $10,000 bond.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.

Grand Jury to Hear Richmond Cemetery Vandalism Case

Grand Jury to hear cemetery vandalism case
(Archived article @ Newsbank)
Brian Smith ~ The Richmond Register ~ 5/21/2010


RICHMOND - Two men charged with violating graves in connection with a vandalism spree at the Richmond Cemetery that caused more than $40,000 in damage waived preliminary hearings Wednesday in Madison District Court.

Joseph Dewayne Combs, 25, of Altamont Street, and William Damien Gross, 19, of Keri Ann Drive, both appeared before Madison District Judge Charles Hardin on Wednesday.

The men are accused of participating in the destruction of approximately 150 grave markers and headstones at the cemetery some time on the evening of April 2 or the morning of April 3, Richmond police said.

A third person, 20-year-old Sara Elizabeth Smart of Waco, is scheduled to appear in Madison District Court on Wednesday on the same charges in connection with the incident.

Richmond Police Chief Larry Brock said Thursday that Smart was arrested in Jackson County on unrelated charges last week.

Brock said the Jackson County authorities did not realize Smart was being sought in connection to the cemetery incident until after she was arrested.

Some of the damaged headstones dated back to before the Civil War. A few of the stones shattered after being knocked over, while others were chipped or cracked, cemetery officials said.

An empty whiskey bottle was found in the cemetery the day after the incident, Brock said, and police believe alcohol may have been a factor in the incident.

Combs was arrested May 7 after an interview with investigators at police headquarters, Brock said, and Gross was taken into custody May 10.

Each man faces a single count of violating graves, a Class D felony punishable by up to five years in prison if convicted, and a misdemeanor second-degree criminal trespass charge.

The charges will now go before a grand jury for possible indictment.

Hardin did grant a motion to amend Gross’ bond from a $2,500 full cash bond to 10 percent of a $10,000 bond. If Gross posts the $1,000 to gain his release, he will be required to remain in contact with court officials as part of a monitored release program.

Combs’ bond remains set at $2,500 cash.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/RR_BSmith.

2 Charged, 3rd Sought in April Vandalism of Richmond Cemetery

Two men charged in cemetery vandalism - Third suspect sought by Richmond police
(Archived article @ Newsbank)
Bill Robinson ~ The Richmond Register ~ 5/12/2010


RICHMOND — Richmond Police have made two arrests and are seeking a third suspect in connection with vandalism that occurred April 2-3 at the Richmond Cemetery.

About 150 monuments and grave markers, dating from the 1850s to the early 20th century, were overturned. Many suffered damage, with some being chipped, cracked or fragmented. A few crumbled when they fell to the ground. Total damage was estimated at more than $40,000, according to Thomas J. Smith III, cemetery board chair.

Joseph Dewayne Combs, 25, of Altamont Street was arrested Friday, and William Damien Gross, 19, of Keri Ann Drive was arrested Monday, according to Richmond Police Chief Larry Brock.

They have been charged with violating graves, a Class-D felony, and second-degree criminal trespass, a Class-A misdemeanor. Both are lodged in the Madison County Detention Center, where they remained Tuesday, each on a $2,500 cash bond. A hold order from circuit court could prevent Combs’ release, even if he can post bond, a detention center officer said.

Police also are seeking Sara Elizabeth Smart, 20, of Waco and have a warrant for her arrest.

Late last week, investigators “developed information indicating that three persons were responsible for the damage,” Brock said.

Combs was arrested on Friday after an interview at police headquarters, the chief said. A warrant was obtained for Gross, and he was arrested Monday.

If convicted, the suspects could face one to five years in prison on the felony charge and up to a year in jail on the misdemeanor charge.

After the incident, the cemetery board announced a $1,000 reward leading to the conviction of the perpetrators. Brock said information provided by a confidential informant helped lead to the arrests, but was unsure if anyone was interested in the reward.

Some or all of the suspects had been drinking prior to the incident, the chief said, and a whisky bottle found in the cemetery the next day may link to the offense.

Smith said the cemetery board appreciates the “hard work that our police put into this investigation that has resulted in two arrests.” The board will be happy to pay the reward if an informant’s information leads to a conviction in the case, he said.

Eastern Kentucky University has completed repairs of the cemetery’s back fence that borders its property. Estimates also have been obtained for putting a new, higher fence along the cemetery’s west side off Baker Court, Smith said.

Bill Robinson can be reached at brobinson@richmondregister.com or at 624-6622.

(A Lex18 news station article on this piece includes video of the damage and suspects.)

Vandals Attack Historic Richmond Cemetery

Vandals Cut Path of Destruction Across Richmond Cemetery
(Archived article @ Newsbank)
Bill Robinson ~ The Richmond Register ~ 4/6/2010

Mike Rice, Richmond Cemetery's Grounds Director, looks at Victorian-era tombstone destroyed by vandals. (Photo: Bill Robinson)

RICHMOND - During the darkness Friday night or Saturday morning, vandals wreaked a path of destruction from one side of the Richmond Cemetery to the other.

About 140 markers and monuments, one more than 160 years old, were toppled. Some were broken. A few were shattered.

The trail of wreckage was reminiscent of the path a tornado cut across Madison County almost 11 months ago.

Monuments dating to the Victorian Age when soft granite material and fragile ornamentation were popular suffered greater damage than more sturdy monuments of recent times, said Mike Rice, the cemetery’s director of grounds.

Relatives arriving Saturday morning to decorate loved ones graves for Easter discovered the damage, Rice said.

The vandalism was the work of at least two to four men, Rice believes, because most of the monuments were too sturdy and heavy to be pushed over by one man, he said.

Because most of the wrecked markers were more than 110 years old, the vandalism was a crime against the county’s history as well as against the dead whose graves were disturbed, said Thomas J. Smith III, chair of the cemetery trustees.

The Richmond Police collected evidence connected to the damage, including two half-empty whiskey bottles, and continue to investigate, Smith said.

The cemetery board is offering a $1,000 reward for information leading to the conviction of anyone involved with the vandalism, Smith said.

Vandals last struck the historic cemetery on Halloween around three years ago when about 40 head stones were toppled, he said. This weekend’s damage was more severe and widespread, however.

The severity was reminiscent of damage that occurred when large trees felled by the 2009 ice storm crashed into some historic markers.

Securing an area as large as the Richmond Cemetery is difficult, Smith said, but it would be easier if Eastern Kentucky University would fulfill its part of a bargain made more than one year ago to replace the fence on the property’s south side.

The cemetery agreed to lease a narrow strip of land that borders EKU’s property in exchange for the university’s promise to replace the fence that contains holes "big enough to drive a truck through," Smith said. However, the promise has not been kept, despite repeated prodding from the cemetery, he said.

Another vulnerable area on the cemetery’s perimeter is the fence south of its Summit Street entrance, Smith said.

Although the fence along the cemetery’s western boundary is no more than four feet tall and could easily be jumped, Smith said he believes the Baker Court residences that back up to the boundary offer some measure of security.

"Vandals are less likely to go through somebody’s backyard and enter the cemetery illegally if they fear being seen by a resident of those homes," he said.

Bill Robinson can be reached at brobinson@richmondregister.com or at 624-6622.