Local man gets corrections in one case, ordered to prison in two others

HUTCHINSON, Kan. — A 28-year-old Hutchinson man who entered a plea to an amended complaint that includes nine charges involving drugs was granted one year community corrections on a 20-month sentence Friday. However, Benito Montalbo was ordered to serve the remaining time in prison for a previous case also involving drugs.

Benito Montalbo entered “no contest” pleas to possession of morphine, possession of marijuana with a prior conviction, five counts of possession of a controlled substance with a prior conviction, possession of drug paraphernalia, and driving while suspended. The state in exchange agreed to not file additional charges against the defendant.

He was stopped by a Reno County Sheriff Deputy back on Jan. 21 of last year at 6th & Porter when the deputy apparently knew his driver’s license was suspended. Allegedly on his person was a small plastic bag of synthetic marijuana or K-2. On the console of his vehicle was a small amount of marijuana, morphine pills, other various types of pills and zigzag rolling papers.

However, the state also argued for prison time, stating that it hasn’t worked for him to be on community corrections. The judge had already ordered a 6-month stint in prison as a sanction for violating those corrections. Montalbo was sentenced to just over a year for a case that goes back to Oct. 28, 2008, and a year and five months for a case from Aug. 19, 2011. The sentences were ordered to run concurrent to each other.

Montalbo argued for another chance, telling the judge that serving the six months in prison made him realize that prison is not for him and that it changed his whole outlook. He did stipulate to violating his corrections by using drugs.

But, Judge Trish Rose followed the recommendation of the state and ordered the sentence be served. However, he will get credit for the time he already served in prison, which means he’ll serve just under a year, or 11 months. With good time, that could be cut even more.

Man accused in scary shooting incident formally charged

HUTCHINSON, Kan. – A 38-year-old man arrested on June 6 for allegedly firing a gun in the county and causing his roommate to feel threatened made a first appearance in court Friday.

Jacob Salome is charged with one count of aggravated assault with a deadly weapon. The case started with 28-year-old Jody Christopher getting into an argument with Salome after he picked up a 9mm handgun belonging to Salome. The defendant then allegedly picked up an AK-47 rifle and aimed it at Christopher. Christopher said that Salome then proceeded to shoot into the floor, microwave and computer. Christopher fled out the front door of the residence and was running down Morgan Road to get away when Reno County Sheriff Deputies arrived. He told them that he heard several shots coming from the house and felt threatened.

Deputies allege that Salome then shot several rounds out the back of the residence. Not knowing if 55-year-old Tomi Lee McJimsy was still in the residence and being held against her will, the Hutchinson/ Reno County Emergency Response Team was activated and came to the scene.

After evaluating the situation, the types of guns that Salome had included the AK-47 rifle, AR-15 rifle and a 9mm handgun. With the threats made, the Harvey County Emergency Response Team was called in to assist with manpower.

At approximately 9:50 a.m. Salome exited his residence and proceeded to his pickup. The Emergency Response Teams were able to apprehend him and take him into custody without anyone getting injured. He was taken to jail, but managed to post bond.

With the formal charge filed, the case will now move to a waiver-status docket.

Hutchinson man enters plea in cocaine distribution case

HUTCHINSON, Kan. — One of two men arrested in a cocaine distribution case was scheduled to be arraigned Friday on the charges against him, but entered a plea instead

Malachi Lewis entered a plea for the sale of cocaine, while the state dropped the conspiracy to distribute cocaine and unlawful distribution of a controlled substance using a communications device charges.

It was on Dec. 27, 2014, when the alleged crimes occurred. Lewis was arrested along with 20-year-old Elijah Metheny. They allegedly sold about 3.5 grams using a communications device. Drug Enforcement officers apparently text Lewis to make the transactions.

Metheny entered pleas in three cases against him, including the one with Lewis. Both will now be sentenced next month.