Pubdate: Sat, 05 Aug 2006 Source: Williamson Daily News (WV) Copyright: 2006 Williamson Daily News Contact: http://www.williamsondailynews.com/ Details: http://www.mapinc.org/media/1913 Author: Rachel Dove Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) Bookmark: http://www.mapinc.org/pot.htm (Marijuana) 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. - --- MAP posted-by: Richard Lake