COMMONWEALTH OF KENTUCKY GREEN RIVER REGION OF JUDICIAL CIRCUITS DAVIESS CIRCUIT COURT, DIVISION II NO. 16-CR-00643 COMMONWEALTH OF KENTUCKY PLAINTIFF v. ASSIGNMENT OF SPECIAL JUDGE BILLY J. MILES DEFENDANT It having been properly certi?ed under KRS 26A.015 that the regular Judges of the 6th Judicial Circuit are disquali?ed or otherwise unable to preside in the above-styled case, the Honorable Kelly Mark Easton Circuit Judge of the 9th Judicial Circuit is designated by the undersigned, pursuant to the authority of the Order of the Supreme Court of Kentucky entered and effective January 30, 2013, containing the Regional Administration Program Charter, to try said case in the Daviess Circuit Court until ?nal determination. The Daviess Circuit Clerk is requested to mail copies of this Order to the assigned special judge, the attorneys of record and the parties not represented by counsel and to mail to Judge Kelly Mark Easton, the appointing judge, a copy of the ?nal order in this matter. This day of October 2016. - .t i i i KELLY MARK EASTON, CHIEF ADMINISTRATIVE JUDGE GREEN RIVER REGION OF JUDICIAL CIRCUITS COMMONWEALTH OF KENTUCKY DAVIESS CIRCUIT COURT DIVISION II INDICTMENT NO. KENTUCKY PLAINTIFF VS. ORDER DEFENDANT BILLY J. MILES The CommonwealthI having filed a motion to modify the bond conditions of the Defendant, with subporting documents, to the effect that the victim hasbeen contacted and otherwise subjected to acts of vandalism, threats, and worse; and theCourt being sufficiently advised; IT IS HEREBY ORDERED that the Defendant?s bond include the following conditions: No family member or employee of the Defendant or any business connected to the Defendant shall have any contact of any kind with the victim in this matter. so ORDERED this a4 7 day of September. 2016. CASTLEN, JUDGE CIRCUIT COURT, (3F KENTUEKY mmun? mum 1 1.: a; DIVEEQN ll E2 was 2 N0. ?mm?M343 g. 6F Kemucm MQTIQN mm MQQIFICATJQN :31: gram ANDIQR Fm mm REILLY J, MILES DEFENDANT {351mm tha Commanwmalth. by wunwl, Of?ea of ?a'ttor'may general, and th? (ginurt to modify mnditiona the Dafmdant?a m? ismma an (3rer any fgamily mambar or ammun m? {ha da?andan?t Wm having; any auntami in whatmger farm v?eith the vimtim in thia ma?a Fm ita gmund?, the: 3mm a3 fallnw?z: cm "fl 2131163, thee victim mama:in the: attaahad Facabmzk mamgga with a mm of ma viwm a?mham mam a panama?; identi??d am an amplayraa cagf Milaa LL33. Said mamagss the: victim in be fearful. Dzaviaga {in ma?iff?a {Mina raapandgadq 2? an Smitammr 14, am, beginning at approximataly 8:43 pm? the: ViGtif?i?? magma! a warm of 32x ph?ne calm the dafamiam?? daughter. Wham? mama and gamma number WERE in the victim?a mutants? attacmd gunman Davmm Co. Siberiff?as Of?w rmpondad, .-. I -.- 6661189012 3?9} 13-19549?! ?72?71. Ohm-95::- 9/2 c] Ont?apt?ambar 14, mm, at appmximmaly 9:50 {Mm the: main-m tmm?a glam) ayatnam activmm and aha aal?lm Q11, fauna! a mamam win?jaw raimd? Ham-wk Cm. Shariff?a foica and Lszwizmm F3123, mapmdm. (3n ?10, 2016! time: vimtim fmmci maximum 01? fmmeif that had blazer; Eattacfmd Mimi-1 Frasatmmk mamaga ?unk in varimaa [matian rm tha taxiszafrim {21? hear mar, Daviam Sheariff?s 0mm an ?aptamlmr m. 2618? ?3113 imidant with mama cm hear my; thea viatim?a car was ?Emmi? and a tire. wag wt, Wise map-tamed. ?n ?aptar'nbear 12: 21316, ula?m was driving hssar whine m1 60 any 3231* passed hm at whim tima?a an macupan?t thraw a hammer mitt-1:3 windcw whim: hi? and amaahm mar- windahiald on ma dri?wr?s Sid-9, Kentucky State Poiica wapandad and tom; Gummy m" a hammar fauna an the magL (I?m ?aptamlmr 2016. the victim fmumd wh??t?a la-ttarlng rm her window cm theza pawamgm side} mating; "tmtify" and wili km yau." Thaw victim phafmgrapf?gad ma writing and wipad it Luff. Dwanabmo Pml?ica Dapa?mam Cm Septembear 19, 201E, houria afwr tha ?rm insidsnt ma victim again fabric! whita lattaring on hm whims stating, ?Lam warning rm cam, 31m: will die?g? At that time: tha vahicl? waa parka! in a harm parking lat new mar Dime 0f Kantucky Steam Police ra?pnndad? {3n 24, 201%, tha victim wag ramming harm?: a ami?nmm?c at anproximateiy mm pm, aha whim driving; hi3}? oar naught cm fira, Karitucky State; Palm raspandad. Ultimataly the: antira mar WM: amgulfed In ?amaa. 13495191? 0L-0L-9L02 mm?m the?) wave? manta, victim Imam in Mar 9f hear life. Dua ta: rm fam?: that 11% di?amht law arifomamant agencieg ham ra?pmndead 1mm manta, imam its riaithw a inwa?tiga?m, mr mt?nplma kt'mwlxasdga mf may ?aunts 91? all {If Emma. ?T??hia fact has; {ha vim?im?s ?aw, This: Mm irmidmn?ca ?312m! in itama 931:: 2 rgelma diractly in an ampluyea and a family mambar Hm dafendant, mi ugnraamnabla ta wk that family mambars and emplaycaeas be mde mm hm? any civntact with the: victim in W3 mattar, I WHEREFQRE, far all 0f the bragging masma, tha asks ma C?aurf mmdify tha Bum Gwdi?ma hemi? 16 include rm mntact by any family mambar air Employee, in the mmrna?m antar e: awaran Ordar matting out gain! Raaysectfully Submitted, AN DY BESHEAR GENERAL . 9 Amy. 5 ATTORNEY QENERAL Office} uf amnial meautmrw 1024 Clapimi Elanth Driving Frankfurt, 40801 Taleaphma: (?502) Facsimila: 9/2 6661199012 3?9} 1939mm? OL-OL-9LOZ Respectfully Submitted, ANDY BESHEAR ATTORNEY GENERAL I BARBARA MAINES WHALEY ASSISTANT ATTORNEY GENERAL Office of Special Prosecutions 1024 Capital Center Drive Frankfort, Kentucky 40601 Telephone: (502) 696?5337 Facsimile: (502) 573?1637 CERTIFICATE OF SERVICE - This is to certify that the Commonwealth?s Discovery Inventory herein was filed without attachment with the Daviess Circuit Court Clerk, Judicial Center, 100 E. 2nd St, Owensboro, Kentucky 42303; and that a true copy with attachment, was served by handing same to Hon. Scott C. Cox, Hon. Michael R. Mazzoli, and Hon. Rob Eggert, 600 West Main Street, Suite 300, Louisville, KY 40202, counsel for defendant, this 26th day of September, 2016. Assistant Attorney General QF sagylag This is mrtify that {ha Militi?? haram Wm film with ?ne: Davimm Qirmit Quart" Clark, Judieial ?ant?r, 10?} E. {fits Qwansham, ?12303; and that a {we can}; WEE EBWEM by handing) sam? Hem. Emit m. Han. Mishaal R, Mazwli, and Ham Rub Eggar?t, 85m Weaat Mair} Straw, mm- 3001 Lmuiwille, PW 402(12? f?ztr da?andant, this; 26?? day of Saptaz??mar?, ?016, 3 3% $49-me a? . {Amimant Gan?ral 9/?7 6661199012 1949mm? 5237!, 0L-0L-9LOZ gum-am ?Minna; 'Mi?mr? Hamw Miner. rW-i ?asmg Mi?m mam mg; v- 9i. - 131$ ks?a?sd? ?sf A.. This is 31mm Facabmk an I wam: averym ta make sum may km gm- ?e 9/5 6661199012 law?s-15?? .SEWL 9/9 a Imam A?f?'l?ngIE ?aw AM .66. Debra Billy Jams Baughter Seaptrambw 14, 2616. 9:493 FM Mamet Gail 9346 PM Miami! Ea? 9:46 PM that] 8:44 PM Miwed Gait 9:913 FM Mama Ball 9:93 PM Nissan! ?ail name: ?1 (KM) 928932.219 FaceTime Sena, Me?sage Share Cmtact Add Faw?tes .1 x? (mi 0 tr: 3696 15619321196: Rac?mtas Si?ggmci 6661199012 x94 leJe?Jem ?r 2'5: 659% gift} Edit ma?a, 4. Jib. i 961:: 23-931 SEHIL 0L-0L-9LOZ COMMONWEALTH OF KENTUCKY a DAVIESS CIRCUIT COURT DIVISION II 7' 3 INDICTMENT NO. 16-CR-00643 COMMONWEALTH OF KENTUCKY PLAINTIFF VS. DISCOVERY INVENTORY BILLY J. MILES DEFENDANT Comes the Commonwealth, by counsel, Office of Attorney General, and hereby tenders Its Discovery to the defendant in the above-styled indictment, as follows: 1. 2. Grand Jury testimony of September 6, 2016 Report of Daviess Co. Sheriff?s Office 11 recorded witness interviews 1 recording of 911 call Records from Owensboro Health hospital Records from Victim?s Employer Report of Kentucky State Police Crime Laboratory The Commonwealth will continue to supplement its Discovery herein upon Obtaining additional data. WEALTH OF KENTUCKY COMMON DAVIESS CIRCUIT COURT a DIV. ll COMMONWEALTH OF KENTUCKY PLAINTIFF CASE NO. -VS- DEFENDANT BILLY 1. MILES ARRAIGNMENT ORDER red in open court with counsel, Hon. Nicholas Goetz? and . The Defendant has this day appea was duly arraigned, or waived formal arraignment, and entered a plea of not guilty. Now therefore, it is ORDERED, that the Defen ant?s plea of not guilty is entered; at am. ewe ORDERED, that the Conference is set for such action as is necessary and appropriate to ensure ORDERED, that the Commonwealth take luding but not limited to evidence found at or near the scene of preservation of all physical evidence, inc from a vehicle(s), if any, and from the person of the . the alleged offense(s), including evidence recovered Defendant, and: FURTHER ORDERED that l.The Commonwealth shall make available to the Defendant all discovery required by 7 .24 ry to the Commonwealth pursuant to '1 .24 2. The Defendant shall provide reciprocal discove 3. The parties shall supplement their discovery as required by RCR 7 24(8). . th 1 This 26 day of September, 2016 Zm? Hog. To Da- ies Circuit Court, Div. ll COMMONWEALTH OF KENTUCKY DAVIESS CIRCUIT COURT DIVISION I COMMONWEALTH OF KENTUCKY PLAINTIFF V. ORDER TRANSFERRING NO. BILLY J. MILES DEFENDANT This matter has been assigned to Daviess Circuit Court, Division I, and Honorable Jay Wethington has recused himself from any further involvement because of a con?ict, now therefore, IT IS HEREBY ORDERED AND ADJUDGED that the above-styled matter is transferred from Daviess Circuit Court, Division I, to Daviess Circuit Court, Division II for any and all further proceedings. This the 6Eh day of September, 2016. ENTERED Ja?? Zletlii?n?gTon, JbEge g/ SEP 0 5 $2015 5(0 011? Court, D1v1s SUSAN W. EY, CLERK 4; BY: XE \fo DC: Joseph ltlen, Judge Daviirss ircuit Court, Division II com-t AV IESS .Conimomireai?i of -- Court ofJustiL-e 6.52; 120' 6.54, Form 5 County Planti??, COMMONWEALTH VS. MILES, BILLY J, Defendant TO ALL PEACE OFFICERS IN THE COMMONWEALTH OF KENTUCKY: You are commanded to arrest the person named below and bring him her forthwith before the DAVIESS Court. If Court is not in session, you shail deliver him her to the Jailer of DAVIESS County. BILLY 166! BARCLAY AVE. OWENSBORO KY 42303 Sex Race Birthday Height Weight State 12/04/1939 0 0 To Answer Charges that he she committed the offense(s) of: UOR Cd KRS Description Disp Dt Disp 3.. 9512100". . 7524929.? . .7 A, against the peace and dignity of the Commonwealth. Defendant may post bail in the amount secured by CASH. SURRENDER PASSPORT, NO CONTACT ALLEGED VICTIMS OR EMPLOYEES OF OFFICES OF HOME INSTEAD Circuit/DistricttCIerk, SUSAN TIERNEY 2 By I Date: Judge Date: 2 CI I o-C R-00643 COMMONWEALTH VS. MILES, BILLYJ . COUNTY SHERIFF DEPT. 0300000 4 :0 BILLY J. 66} BARCLAY AVE F: P: PART-TIME N: NON RESIDENT DIVORCEO GRAY OR OFFENDERNIOLATOR COMMERCIAL VEHICLE PLACARDED HAZARDOUS VEHICLE AggANac 12 04 1939' MALE FEMALE WHITE BLACK [3 gg'?gg? ASIAN ALCOHOL BREATH DRUGS UNKNOWN URINE VEH VIOLA TION DA TE VIOLA TION TIME EXACT LOCA TION OF VIOLA TION 07 02 2016 DA TE TIME OF ARREST EXACT LOCA TION OF ARRES 212 SAINT ANN ST 09 06 2016 4:51 PM NUMBER VIOLA TION CODE STA STARTING CASE ENDING CASE DRUG TYPE I of 10 T-ARREST COMPLAINT T: RAPE, 1ST DEGREE arge 2: SODOMY, TST DEGREE 3: BRIBING A WITNESS indictment warrant on the above out of daviess circuit court T?-cr-00643 .COURT DATE TLOCA TION ARRESTED COURT DAVIESS COURT CASE TOTAL PREPA AMOUNT NOT PREPAYABLE 00669:!0 332mm 103mm wax FOR UCR . EN-CAR VIDEO BY OTHER AGENCY PHOTOS FREELS C. EVIDENCE HELD -. _1 . .- br- K?ntucky Court ofJus'tice - 91'61'2016 3234151PM Generated: 6.52; 6.54. Form 5 Warrant of Arrest Indictment Warrant Page 1 011 Plaintiff. COMMONWEALTH VS. BELLY MILES Defendant TO ALL PEACE OFFICERS IN THE COMMONWEALTH OF KENTUCKY: You are commandegifdiatgest the person named below and bring him/her forthwith before the COUNTY - CIRCUIT - l??e?ft is not in se'ssion, a? 8 you shalt deliver himiher to the Jailer of DAVIESS County. or (~75:ij We 1 1661 BARCLAY AVE taint ?we OWENSBORO, KY 42303 1" we. Operator Licenseif To answer charges that helshe committed the offense(s) of: Chg# KRS Type Description 7' i 1 ASCE . Counts, _.Di_s_o Dt Disp 1 10990 510040 (F) RAPE. 1ST DEGREE 1 2 11180 510.070 (F) SODOMY. 1ST DEGREE NIA 1 a 51210 524.020 (F) BRIBING A WITNESS NIA 1 The defendant may post bail in the amount of $150,000.00, secured by CASH. [j The defendant may not post bail. Indictment/Information SURRENDER PASSPORT, NO CONTACT ALLEGED VICTIM OR EMPLOYEES OF OFFICES OF HOME INSTEAD . EXECUTEON Executed on Defendant named herein this day of 2 J95 Not executed because - . Signature of Peace Of?cer . Electronicany signed by Circuit Judge J.Castlen COUNTY - CIRCUIT COURT) on 9161?2016 at Date printed: Tuesday, September 6, 2016 County Citation No.2 I yr? Charge "I?i Ef?e? I . :5 ?an: ?we not} a rte 5. . Defendant's Occupation are - I . i Defendant Temphone Number Defendants Drivers License fr YOU. ARE HEREBY RELEASED FROM CUSTODY ON THE CONDETIONS INDICATED BELOW: PERSONAL PERSONAL RECOGNIZANCE. You promise to appear at all times directed by Court. YQTAL Br)th QF yr UNSECURED BAIL BOND OR SURETY BOND. An unsecured appearance bond from you or your surety to be forfeited in should you fail to appear as required by the CourtPARTIALLY SECURED BOND. Cash ball secured by cash deposrt of . If the amount deposited 15 [j 33? Credit in the equal to 10% of the total bond, 10% of the deposit (but not less than will be retained if you are found guilty and amount 0f the court determines you have performed the conditions of your release. The entire cash bond will be forfeited applied to bond. 1 should you fail to appear as required by the Court. 7 Total cash received I CASH BOND. Full amount of bail paid into the court, to be forfeited if you fail to appearas required by the Court. E) if} Eff! STOCKS AND BONDS, PROPERTY BOND. Property is offered to secure the bail bend. it you fail to appear as required by the Court, the state will foreclose on the property used as security. for bail RELEASED PURSUANT TO KRS 222.204 . f? - Amount in accordance CONDITIONS No contact with alleged victim No illegal use of atcohol or controlled substances with uniform schedule '39 Consumptji?il Oi of ball. at . ilieg of ppntolled subtance V7 rlher violations of law '4 as YES NO SURETY being admitted to bail in the sum of ,l undertake fro?f?,? that helshe will appear and be amenable to the orders and process of this and any other court in which this proceeding may be pending for any and all purposes and at all stages (including, in the event of indictment, proceedings thereafter) in accordance with 4.54. By entering into this bond obligation, submit to the jurisdiction of the courts of Kentucky in which any forfeiture proceeding arising out of my bail obligation may bepending? and do?further irrevocably appoint the clerk of such court as my agent upon whom any process affecting my liability on such bond may be sewed, such clerk to forthwith mail cool? to me at the address below. AFFIDAVIT OF SURETY: (unless posts full cash bond) 1 affirm 1 am a resident or i?l'K ntuc and intend to secure this bond with the following stocks, bonds or real property: .- Si" I . Social Security Number of Surety(ies) f/ Printed Name of Surety(ies) Date of Birth Occupation of Surety(ies) p? s) ?2 "r Drivers License of Surety(ies) Signature of Surety(ie gi ?4 I BAILBOND TAKEN BY - melee. 2 Address of Surety(ies) My Defendant SURETYUES) Jr *Only required on bonds where more than $10,000 Cash is collected. Subscribed and sworn to before me by on 2 ., Surety I .nf :rClerkauthorized Public OfficerlNotary Public a? Violation of Conditions andlor Failure to Appear: {a You are warned thatfurther violations of law while on pretrial release or failure to comply with the above provisiosz will be deemed a violation of the terms and conditions 0' your release for which a warrant will be immediately issued for your arrest; you may be detained, the release privilege?wrll be revoked, and any bail bond posted may be forfeited Failure to Appear: For any failure to appear as required before a judge or otherjudicial officer, you shall be subject to the following penalties: (IF FELONY CHARGE) A fine of no more than $10,000 and imprisonment for no less than 1 and no more than 5 years; (lF Afine of no more than $500 and imprisonment for no more than 1 year. at "f WNEXT in . I COURT and youshall appear at all subsequent continued dates. You shall also appear DATE: - I understand the penalties which may be imposed on 2 and i agree to comply with the conditions of rel. i app as geq received a copy of this orderff,- SIGNATURE LOCATEDAT lyre to appear or far/?violation of any condition of release satweenasserseseaERWCES F0 2} s? g; ?1 TELEPHONE ., 4? - if - 1 fem} COURT WITNESSED BY eff?d?iw" Defend?gan? Nam?e ?7 a I I. '2 Receipt Number' 05?0073178? - fendantsAddress - . - 7 A Defendant's Occupation f? PM 9- 7 (H) PARTIAL PAYMENTSIBAIL BOND Defendant's Telephone Number kale-k You ARE . CASE RECEIVED FROM: MILES, BILLY urt. BELOW: PERSONAL PROMISE rem. some or: {of} 7 5333:?? i? 0? PARTY . - . . a? i? PARTIA NAME. BILLY 3' - . .if the amount deposued in the equaretained you are amount of the cm - rhe entire cash bond wul bef applied to bond. should 1, 7 . - ii to appear as requlr?d'bx- fa" .. Tmatgasmecewgig 30nd Filing Fees (E) 25,00 .n bond. mu 1 STOCF by the ACCOUNT OF: COMMONWEALTH VS- MILES. BILLY :l from you or your surety to be forfeit ?iilotdetligible for bail RELEA . - . TOTAL: - $150,625 00 - crei. . COND: CASH: i $25.00 Amount in accordance I with uniform schedule $00 CHECK: A of bailgigg, - 1 i" .. SURETY i . that helshe will appear and be amen: I ?72? Check - - all purposes and at all stages (includik: I I . umber' - obligation, submit to the jurisdiction -- Cr?dlt Card Invoi?e'?lt 7- and do further irrevocably appoint than Du - - .- such clerk to fon?witgmail cop to owner of real ei?tatgi . ntuc e: I tiff-f MCF0=M0neYCOlIected fo?r?Others - . . - 3 Page 1 Vi yot Fa ur anc Aoc.o25 Dnc. Code: RS Rev. 5-03 .. . .. Commonweam of Kentucky County 14 I 32$ (a PLAINTIFF mc '3 :0 Ql?hb MW Court of Justice W.kycourts.net CR 45: 7.02 a Bur-rm" . . nap-unqu- vs DEFENDANT The Commonmalm of Kentucky to: . n.1- Name Address You are commanded to appear before: (select one of three choices) 0 noun [Ema Grand Jury or County Other ?r \u?ma You are to appear at: . a? Totes?fy in bahatf .. .. To pmduoe .. . . .. . . "g whims of Roquos?ng AuJomav I Plum 1: This subpoena was served by deiwery of a true capy to: Th!s (E day of gei?h?iyx?.2 wk . a COMMONWEALTH OF KENTUCKY DAVIESS CIRCUIT INDICTMENT Noif" COMMONWEALTH OF KENTUCKY PLAINTIFF VS. INDICTMENT CHARGE: KRS 510.040 Rape in the First Degree Class Felony: 10 to 20 years UOR 10990 CHARGE: KRS 510.070 Sodomy in the First Degree Class Felony: 10 to 20 years UOR 11180 CHARGE: KRS 524.020 Bribing a Witness Class Felony: to 5 years UOR 51210 KRS 534.030 Fines for Felonies: $1,000 a $10,000 BILLY J. MILES DEFENDANT The Daviess County Grand Jury charges as follows: COUNT 1 RAPE IN THE FIRST DEGREE KRS 5 10.040 That on or about July 2, 2016, in Daviess County, Kentucky, theiabove?named defendant, Billy J. Miles, committed the offense of Rape in the First Degree when he engaged in sexual intercourse with another person by forcible compulsion. SODOMY IN THE FIRST DEGREE KRS 510.070 That on or about July 2, 2016, in Daviess County, Kentucky, the above-named defendant, Billy J. Miles, committed the offense of Sodomy in the First Degree when he engaged in deviate sexual intercourse with another person by forcible compulsion. BRIEING A WITNESS That on or about July 2, 2016, in Daviess County, Kentucky, the above?named defendant, Billy J. Miles, committed the offense of Bribing a Witness, when he offered, conferred or agreed to confer a pecuniary bene?t upon a person he believed might be called as a Witness in an official proceeding With intent to in?uence the testimony of that person. Against the peace and dignity of the Commonwealth of Kentucky Witness: A TRUE BILL Detective Chester Freels Daviess Co. Sheriff?s Of?ce - Presented by the Foreperson of the Grand Jury to the Court in the pres%me of the Grand Jury, and received by me from the Court and filed in open Court this g? day of September, 2016. .7 I CIRCUIT