Published: August 28, 2009 12:28 pm      

10 indicted by Rowan County grand jury

Ten people were indicted by a Rowan County grand jury Aug. 21 on charges including theft, drug trafficking and possession, among others.

Indicted were:

• Ernest D. Kincaid, 56, for theft by unlawful taking when he allegedly over compensated his salary and travel expenses by $37,983.40 that he was not entitled to while employed as a bookkeeper for Cave Run Marina from Jan. 1, 1998 through March 2009.

• James M. Horton, 50, for marijuana cultivation when he allegedly planted, cultivated or harvested five or more marijuana plants with the intent to sell or transfer on May 11.

• Horton also was cited in a separate indictment for two counts trafficking in a controlled substance, possession of a controlled substance, possession of drug paraphernalia and two counts carrying a concealed deadly weapon when he allegedly trafficked in oxycodone and alprazolam and carried a .22 caliber revolver and a Smith & Wesson “extreme Ops” switch blade knife without a permit on Jan. 23.

• Eric S. Perkins, 30, for two counts possession of a controlled substance and public intoxication controlled substance when he allegedly possessed oxycodone and alprazolam and was passed out in his running vehicle in a city park on May 8.

• James Lee Fultz, 41, for three counts possession of a controlled substance, operating a motor vehicle under the influence, possession of marijuana, possession of a controlled substance not in original container and being a persistent felony offender when he allegedly possessed oxycodone, carisoprodol, buprenorphine and marijuana on March 29.

• James M. Smith, 45, for allegedly operating a motor vehicle under the influence, fourth offense, operating on a suspended or revoked operator’s license, disregarding a stop sign and being a persistent felony offender on April 27.

• Holly Lemay, 26, for theft by unlawful taking when she allegedly took Christmas gifts valued at approximately $1,000 from the home of Jessica Lykins on Dec. 23, 2008.

• Adam Kinder, 34, for flagrant nonsupport when he allegedly failed to provide $11,666.81 in child support from May 21, 2003 to July 8, 2009.

• Shawn M. May, 29, for criminal mischief when he allegedly damaged a 2000 Saturn belonging to Amanda Perry and set the vehicle on fire causing more than $1,000 in damages on Oct. 19, 2008.

• Danny Withrow, 22, for receiving stolen property valued more than $500 and less than $10,000 when he allegedly pawned various hand tools and power tools valued at $785 at Caskey’s Pawn Shop belonging to Paul Cox on July 23.

• David Scott Coldiron, 21, for receiving stolen property when he allegedly pawned a .22 Sig Arms Target pistol belonging to Chuck Fritz on April 17.

An indictment is only a formal charge representing one side of a case and does not establish guilt.