It appears it was a very happy holiday season for the Thompson Family. On January 20, 2012 all felony charges were dismissed by the court at the request of the federal assistant D. A. against Gaither B. Thompson II and referred it to a lower court on misdemeanor charges. Ford Shelley remains out on bail while awaiting sentencing on one felony count.
November 9, 2011 Gaither B Thompson II Not Guilty Plea (148)
November 9, 2011 Court Order Setting Conditions of Release of Gaither B Thompson II (128)
November 9, 2011 Gaither B Thompson II Unsecured Bond Entered (111)
November 16, 2011 Gaither B Thompson II MOTION for Bill of Particulars (106)
November 16, 2011 Gaither B Thompson MOTION for Disclosure on Other Defendants (112)
November 16, 2011 Gaither B Thompson II MOTION for Discovery regarding other Defendants (118)
November 16, 2011 Gaither B Thompson II MOTION to Release Brady Materials (108)
November 16, 2011 Gaither B Thompson II MOTION to Sever Defendants for Trial (112)
November 17, 2011 Motion USA for Discovery Gaither B Thompson II (134)
November 23, 2011 RESPONSE in Opposition by USA on Gaither B Thompson II Motion Bill Particulars (116)
November 23, 2011 RESPONSE of Opposition USA to Gaither B Thompson II Motion Sever (107)
November 29, 2011 Court ORDER Ford Shelley Setting Conditions Release Before Sentencing (131)
November 29, 2011 Ford Shelley Plea of Guilty to one Felony Entered (133)
November 29, 2011 Ford Shelley Unsecured Bond Entered (117)
November 29, 2011 Ford Shelley WAIVER of Reading INDICTMENT (132)
After that you have the typical back and forth of Motions for and Oppositions to Motions, the Court granted some of Thompson’s Motions and Deny some of the Motions. The Court also granted an Extension for trial until April 2012.
Then silence until you read the following Docket Notes as to a hearing on January 17, 2012 in regards ONLY to Thompson:
“NOTICE OF HEARING as to Gaither B Thompson, II Change of Plea Hearing set for 1/17/2012 02:30 PM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III.
Minute Entry for proceedings held before Magistrate Judge Thomas E Rogers, III: Change of Plea Hearing as to Gaither B Thompson, II held on 1/17/2012 John Potterfield, Assistant D. A. for USA, present for USA. Defendant present with retained counsel, Reynolds Williams. Plea Agreement Accepted. Gaither B Thompson II (3) Guilty Count 1. Pre Sentence Report will be prepared by USPO. Defendant allowed to remain out on same bond pending sentencing.”
You “think” we have one guilty plea to one felony count as Ford Shelley had done and we will wait for sentencing but then after something happened between Thompson and the USA you have the following notes.
January 17, 2012 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE in a misdemeanor case by Gaither B Thompson, II
January 17, 2012 PLEA AGREEMENT as to Gaither B Thompson, II
January 17, 2012 Guilty PLEA ENTERED as to Gaither B Thompson, II
January 19, 2012 MOTION to Dismiss Indictment by USA as to Gaither B Thompson, II.
January 20, 2012 ORDER granting Motion by USA to Dismiss indictment as to Gaither B Thompson II. Signed by Honorable Terry L Woboten
That was some fancy lawyering in my opinion! If you want any of the papers dealing with dismissing the felony charge against Thompson let us know and we will get them and put them up for you.
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January 23, 2012
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