The Norman Transcript

Local news

June 21, 2007

Defendants plead out as jury docket begins

• Two court matters passed until today

By Tom Blakey

Transcript Staff Writer

A Moore man, halfway through picking a jury Monday, decided to accept a plea offer, and was sentenced to prison terms totaling 20 years.

Erwin Charles Swender, 42, pleaded no contest to a charge of lewd acts with a child under 16, reduced from second-degree rape. District Judge Bill Hetherington gave Swender a 10-year suspended sentence that will run consecutively to his other sentences.

Swender pleaded no contest forcible sodomy and lewd molestation, and was sentenced to 12 years on each count. The sentences will run concurrently, Hetherington ordered. Swender will be required to serve 85 percent of the 12 year sentence(s), or 10.2 years, before he is eligible for parole consideration.

Swender pleaded no contest to possession of a controlled drug, and was sentenced to eight years in prison, with the sentence to run consecutively to counts one, two and three, Hetherington ordered.

A misdemeanor count of possession of paraphernalia was dismissed by prosecutors.

Swender was ordered to register as a sex offender and abide by the rules and conditions of probation for sex offenders during the suspended portion of his sentence.

Swender and Paul Stephen Hull, 54, a teacher at Capitol Hill High School in Oklahoma City, were charged May 10, 2006, after four foster children were taken from Hull’s custody. A white powder identified as methamphetamine, video tapes and other materials were seized by police in a search of Hull’s residence in the 1200 block of Southwest 93rd.

Hull recently pleaded guilty to two counts of attempted second-degree rape; two counts of forcible sodomy; second-degree rape; lewd molestation; and possession of a controlled drug. His sentencing is set for 9 a.m. July 16.

Also Monday, an Oklahoma City woman pleaded guilty to a charge of drug trafficking, prior to her scheduled jury trial in the courtroom of District Judge Tom Lucas.

Violet Messick, 21, was ordered to serve five years in prison and 10 years on probation, with supervision for two years upon her release. Lucas also ordered Messick to pay a $500 fine.

Messick also pleaded guilty to misdemeanor charges of driving without a license and driving without insurance verification, and was fined $150 and $25, respectively.

Messick was stopped June 17, 2006, in the 2800 block of North Shields Boulevard. She was arrested for driving without a license and without insurance verification, and an inventory of her vehicle turned up 23.4 grams of methamphetamine, according to Moore police.

Also, an Oklahoma City man, Adrian Rodriguez Gaona, 33, Oklahoma City, waived his jury trial Monday, and Judge Lucas set disposition for 8:45 a.m. Aug. 22.

Gaona was arrested June 7, 2006, when police reportedly busted a cockfighting operation in the 18000 block of Southeast 149th. Police reportedly confiscated 61 live gamecocks or fighting chickens; 31 knife-sharp, metal fighting gaffs; several practice gaffs, and large amounts of bird medication and syringes. Gaona is charged with owning, possessing, keeping or training a bird for fighting; and keeping a place, equipment or facility for cockfighting.

Two unrelated court matters have been passed until today.

A trial for Victor Alfonso Cano-Molina, 20, El Paso, Texas, is scheduled for 8:30 a.m. today, before Judge Hetherington. Cano-Molina is charged with trafficking in marijuana; and distributing or transporting a controlled dangerous substance in violation of the tax codes. Cano-Molina and another man were stopped and arrested Nov. 13, 2006, after police reportedly found more than 25 pounds of marijuana in their vehicle.

Finally, a trial for Michael Gary Clonch, 40, Norman, originally scheduled for 8:45 a.m. Tuesday before District Judge Lori Walkley, has been passed until this morning, according to court officials.

Clonch is charged with first-degree rape and lewd molestation of a minor.

Tom Blakey366-3540tblakey@normantranscript.com

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