COMMONWEALTH OF KENTUCKY



COMMONWEALTH OF KENTUCKY

MADISON CIRCUIT COURT

DIVISION II

08-CR-00070

COMMONWEALTH PLAINTIFF

VS AGREED ORDER RELEASING PROPERTY

RODNEY XXXXXXXX DEFENDANT

Came on to be considered the Motion of Defendant’s Counsel to return personal property of Hubert XXXXXXXX, Jr., father of the defendant in the above case, such being firearms held in inventory by the Berea Police Department, on behalf of the Central Kentucky Area Drug Task Force , and the Court further being advised that:

1) Mr. Hubert XXXXXXXX, Jr., has established himself by notarized and sworn affidavit (original of which is attached to this Order) that he is the owner of said firearms held in inventory by the Berea Police Department; and

2) Mr. Rodney XXXXXXXX was not convicted of any offense which would require or allow forfeiture of the firearms, under any trafficking statute, and

3) The firearms in question are not stolen or alleged to be stolen, and

4) The offenses of which Mr. Rodney XXXXXXXX was convicted were not enhanced by his alleged possession of any of the firearms in questions, and

5) This case is final and non-appealable, so that there is no remaining evidentiary value of any of the firearms seized in this case, and

6) The Commonwealth having no objection to the release of the firearms to Mr. Hubert XXXXXXXX, as witnessed by signature below;

Therefore, it is ORDERED, ADJUDGED AND DECREED that the following items are to be released to Mr. Hubert XXXXXXXX, Jr., SS# 402-58-0350, 704 N. Powell Ave., Berea, KY 40403:

1) Interarms revolver, serial no. AB157793;

2) Marlin 22 caliber bolt action rifle, serial no. 04499262 with scope;

3) Heritage Roughrider 22 caliber revolver, serial no. HR19580;

4) Ruger M77 bolt action 22-250 caliber rifle, serial no. 770-00973, with scope;

5) SKS, serial no. 23006482;

6) Connecticut Valley Arms 50 caliber black powder rifle, Bearcat model, serial number 61-13-214608-02;

7) Lander over/under 12 gauge shotgun, serial no. LB355235;

8) Colt revolver, King Cobra model, 357 magnum, serial no. VK8497.

It is further ORDERED that Mr. Hubert XXXXXXXX, Jr. is not to allow Rodney XXXXXXXX to possess or come into possession or ownership of any of the aforementioned firearms, as it is unlawful for Mr. Rodney XXXXXXXX to so possess.

Signed this ______ day of February, 2008.

______________________________

Hon. Jean Chenault Logue

______________________________

B. Scott West

______________________________

Commonwealth Attorney’s Office

COMMONWEALTH OF KENTUCKY

MADISON CIRCUIT COURT

DIVISION II

08-CR-00070

COMMONWEALTH PLAINTIFF

VS AFFIDAVIT OF HUBERT XXXXXXXX, JR.

RODNEY XXXXXXXX DEFENDANT

My name is Hubert XXXXXXXX, Jr., having a social security number of 402-58-0350, and having an address of 704 N. Powell Ave., Berea, KY 40403. The following is true and based upon my personal knowledge:

I am the father of Rodney XXXXXXXX.

I, not Rodney, am the owner of the following firearms that were taken into evidence when my son Rodney was arrested and charged for possession of controlled substances:

1) Interarms revolver, serial no. AB157793;

2) Marlin 22 caliber bolt action rifle, serial no. 04499262 with scope;

3) Heritage Roughrider 22 caliber revolver, serial no. HR19580;

4) Ruger M77 bolt action 22-250 caliber rifle, serial no. 770-00973, with scope;

5) SKS, serial no. 23006482;

6) Connecticut Valley Arms 50 caliber black powder rifle, Bearcat model, serial number 61-13-214608-02;

7) Lander over/under 12 gauge shotgun, serial no. LB355235;

8) Colt revolver, King Cobra model, 357 magnum, serial no. VK8497.

Once these firearms are returned to me, I promise not to allow my son, Rodney XXXXXXXX, to possess them or come into possession or ownership of them.

FURTHER, AFFIANT SAITH NAUGHT:

______________________________

Hubert XXXXXXXX, Jr.

Subscribed and sworn before me on this ____ day of _________, 2009.

_______________________

Notary Public

State of Kentucky

My Commission Expires:_____________________

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download