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News (Media Awareness Project) - US KY: Mounts Gets New Attorney
Title:US KY: Mounts Gets New Attorney
Published On:2006-08-05
Source:Williamson Daily News (WV)
Fetched On:2008-01-13 06:16:13
MOUNTS GETS NEW ATTORNEY

PIKEVILLE, Ky.- Williamson Fire Department Chief Jerry Mounts has
obtained a new attorney.

Charles Stanford (Butch) West, the Williamson attorney that had
represented Mounts since the charges of tampering with physical
evidence first surfaced, has filed a motion in Pike County Circuit
Court to withdrawal as his counsel.

The order, signed Aug. 3, 2006, by Circuit Judge Steve Combs, was
filed by West July 31.

The grounds for withdrawal, states that Mounts has retained other
counsel for this case, and lists Attorney W. Thomas Ward, of Ward and
Associates, also of Williamson, as his choice for new
representation.

Mounts, along with fireman Roger E. Maynard, will be arraigned in Pike
Circuit Court, at 9 a.m. August 9. They were both indicted on charges
of one count of tampering with physical evidence, which is a Class D
Felony.

These charges stem from an accident that occurred March 3, 2006, on
U.S. 119, just past the entrance of the Harvey Street Bridge.

The accident involved 21-year-old Allen Urps Jr., of Williamson, and
Colbert and Jami Maynard, of Hatfield, Ky.

Maynard was stopped at the red light, when Urps, driving a 2002 Ford
Mustang, slammed into the 1997 Jeep operated by Maynard, causing the
Jeep to go airborne, and land in a ditch alongside the highway. The
Mustang ended up on its' top. Witnesses gave statements that Urps was
driving erratically prior to the accident.

Allegations quickly spread from witnesses at the scene, alleging that
Mounts and Maynard, confiscated drugs, and drug paraphernalia from
Urps, and did not inform the Kentucky State Police when they arrived,
and failed to release the items to the trooper.

The WFD had responded to the accident, and were rendering care to
Urps, and the Maynards. Urps' father, Sonny Urps, is a volunteer
fireman for the WFD.

The indictment states that the Mounts and Maynard committed the
offense, when they, believing that an official proceeding maybe
instituted, removed or concealed, physical evidence which they
believed was about to be produced or used in an official proceeding,
with the intent to impair its verity or availability in the case, or
while acting in complicity with each other in so doing, including, but
not limited to, taking illegal and improper actions, after responding
to an accident in their official roles as firefighters.

Chief Mounts was charged prior to the case being heard before the
grand jury, but Maynard was not. When evidence was presented, the
grand jury, in a surprise twist, indicted both men.

No criminal complaints have been filed in Kentucky against Urps, thus
far. Many local residents have verbalized their disbelief that Urps
has not been charged concerning this incident. They feel that the
indictment against Mounts and Maynard speaks for itself, showing that
there were drugs in Urps' possession at the time of the accident.

Urps was involved in another mishap, on June 24, in Mingo County, and
was arrested and charged with driving under the influence of
intoxicants. This case will be heard July 9, in Magistrate Court.

He was also arrested in Pike County Jan 3, 2004, and was charged with
DUI, possession of marijuana, possession of drug paraphernalia, and
possession of alcohol by a minor.

The Williamson Daily News contacted the office of Ward and Associates
to confirm they now represent Chief Mounts as stated in the court
order, but no statement was given. We were told W. Tom Ward would
return our call at his convenience.

An indictment is merely an accusation, and the defendants are presumed
innocent, until, and unless, they are proven guilty.
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