Pair accused in armed break-in of Palm Springs senior’s home must stand trial

A parolee and a woman, who allegedly broke into a Palm Springs residence where she once worked as an aide, assaulted the 78-year-old resident and forcibly restrained the homeowner and her caretaker prior to ransacking the home for valuables, must stand trial on several felony charges, a judge ruled Thursday.

Indio residents Juan Antonio Beltran, 25, and Itati Maribi Ceja, 24, were arrested in November 2018 at the scene of the alleged break-in.

Following a preliminary hearing at the Larson Justice Center in Indio, Riverside County Superior Court Judge James S. Hawkins ruled that prosecutors presented sufficient evidence for both defendants to proceed to trial on burglary, robbery, kidnapping and elder abuse charges.

Beltran also faces a felony charge of witness intimidation, and sentence-enhancing allegation that the offense was committed with a firearm.

The prosecution on its own motion opted not to pursue a charge of false imprisonment of a hostage against both defendants, and a charge of criminal threats against Beltran.

Hawkins kept Beltran’s bail at $1 million and Ceja’s at $100,000. Both defendants remain in custody, with a post-preliminary hearing arraignment scheduled for May 27.

Officers were sent about 1:45 a.m. on Nov. 14, 2018, to the 2200 block of South Sunshine Circle following a 911 call from the location, according to the Palm Springs Police Department.

Randall Bailey testified Thursday that he was working as a caretaker at Carolyn Auburn’s house that night. He said they were dozing off in the family room when a man busted in the home, and forced him into another room and tied him up.

Bailey testified that the man, later identified as Beltran, had “what appeared to be a gun.” He said Beltran took his wallet and asked him “where’s the gold?”

Police allege Auburn, who has dementia, was tied up, gagged and assaulted during this time, although Bailey testified he was in the other room and did not witness it.

Officer Johnathan Mosley testified that a nurse later said Auburn suffered facial swelling and bruising, and lost two teeth. She was also vomiting blood, Mosley said.

No gun was recovered, although police reported finding ammunition in Ceja’s car near the location, Officer Mario Kasal testified.

Bailey was employed by Home Instead, a Palm Desert-based senior care agency, at the time of the break-in.

Palm Springs police Officer Barron Lane testified that Ceja was also employed by the same senior care agency before she was fired the day before the break-in. She worked for Auburn for two weeks before she was removed from the account at Auburn’s request due to performance issues, he said.

Bailey testified that he was eventually able to free himself and call 911. Police responded in force, surrounding the house, and the defendants were arrested after allegedly attempting to flee out the back door.

They would later claim in interviews with police that they were chased to the location, where they were let inside by Bailey, although Ceja allegedly later changed her story and admitted the robbery was her idea. “All of it was me,” Kasal said Ceja told him.

Beltran has prior felony convictions including burglary and evading arrest.

Despite Ceja having no prior felony convictions in Riverside County, she is currently also facing a murder charge. She is one of three defendants charged in the shooting death of Jason Diaz, who was found on the sidewalk in front of a home in Indio on June 24, 2020. She has pleaded not guilty in that case.

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Pair accused in armed break-in of Palm Springs senior’s home must stand trial

Disbarred Poughkeepsie attorney Michael Varble faces 7 felony charges

Michael Varble(Photo: Courtesy photo/State police)

Michael R. Varble, a Poughkeepsie attorney who was recently disbarred, faces seven felony charges in relation to “stealing unearned retainer fees from clients,” according to Dutchess County District Attorney William V. Grady.

Varble was charged on Wednesday morning with four charges of third-degree grand larceny and three charges for fourth-degree grand larceny, Grady said in a statement.

Varble was arraigned on Wednesday. Bail was set at $5,000 cash or $10,000 bond, which Varble posted, Grady said. Varble is scheduled to return to court March 20.

Varble was suspended as an attorney on July 9 amid accusations he failed to refund fees of clients who ceased their cases with his firm, totaling more than $32,000 according to court documents. He was disbarred in February after his resignation was granted by the state supreme court.

State police said an investigation began following a May 2017 complaint claiming Varble had accepted retainer fees and payments for legal services that had not been provided. The investigation revealed the lawyer, who lives in Kingston, had accepted payment "in excess of $28,000 from multiple victims" for services that were not provided, state police said.

Varble, who Grady said represented himself in court Wednesday, told the Journal "I have no comment" on the charges.

He was checked into Dutchess County Jail at around 11 a.m. on Wednesday, according to the jail, and released by around noon.

“Mr. Varble is charged in all of the felony complaints with stealing unearned retainer fees from clients,” Grady said. “A Dutchess County Grand Jury will ultimately determine what charges or additional charges should be preferred.”

Varble was suspended in July 2018 because he was found guilty of "professional misconduct immediately threatening the public interest" for failing to comply with demands from the Grievance Committee for the state's 9th Judicial District, according to court documents.

Varble submitted an application to resign as an attorney and counselor-at-law on Aug. 13 from the New York Supreme Court’s Appellate Division, Second Judicial Department. As part of Varble’s resignation application, he stated that he could not defend himself against the allegations, and admitted to failing to return fees to clients.

The Grievance Committee for the state's 9th Judicial District had received at least 18 complaints from former clients of Varble's law firm who claimed that neither he nor his associates responded to them. There were at least 11 of the cases in which Varble did not refund clients their retainer fees, even if the fee wasn't earned through representation.

The Grievance Committee recommended the approval of the resignation.

Per his resignation, Varble was ordered to no longer practice law, or give an opinion as to the law or its application. He was also ordered to provide proof of payment of these fees, should he decide to file any future reinstatement applications, according to court documents.

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Disbarred Poughkeepsie attorney Michael Varble faces 7 felony charges

Kentucky circuit court judge indicted on felony charges

LOUISVILLE, Ky., (WDRB) – A Kentucky circuit court judge was charged on Thursday with two felony counts of forgery and tampering with public records.

A Bath County grand jury indicted Judge Beth Maze, who represents Bath, Rowan, Montgomery and Menifee counties.

Maze was already under investigation for ethics charges filed by the state Judicial Conduct Commission. She is accused of violating several judicial rules in trying to help her ex-husband after he was arrested on drug charges last year.

She was suspended with pay Oct. 2 until the investigation is complete.

Maze will be arraigned Dec. 6. She has not been arrested.

The indictment alleges Maze falsely altered public records, but does not include specific details.

The conduct commission claims that between May 22 and June 14, Maze inquired about confidential informants involved in drug trafficking cases before her, asking attorneys, staffers and law enforcement officers whether the informants were involved in drug cases involving her ex-husband.

In addition, Maze is accused of signing the names of other people on documents in her ex-husband’s case, calling the Bath County jailer and pre-trial services in an effort to get him out of jail and then improperly ordering hospital officials to perform a drug test on him.

The judicial conduct commission can impose sanctions ranging from a private reprimand to removal from office.

Maze responded to the judicial commission complaints saying she never intended to “bestow any benefit” to her ex-husband and denied wrongdoing.

Her attorney, Thomas Clay, said in an interview Thursday that they had hoped the judge could testify in front of the grand jury but the request was denied.

“I feel if she had been allowed to testify, the grand jury would not have returned an indictment,” Clay said. Maze has not been arrested.

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Kentucky circuit court judge indicted on felony charges

Former judge Tim Nolan indicted on new charges, now faces 28 felony, 2 misdemeanor counts

Attorney General Andy Beshear Thursday announced former Campbell County District Judge Timothy Nolan has been indicted by a Campbell County grand jury on eight additional felony counts.

Following the latest grand jury indictment, Nolan, 70, of California, Ky., has been indicted on 28 felony counts and 2 misdemeanor counts.

Today’s charges include: two counts of human trafficking, Class C felonies; one count attempted human trafficking with a minor, a Class C felony; one count of sodomy in the third degree, a Class D felony; two counts of unlawful transaction with a minor under 16 controlled substance, Class B felonies; one count unlawful transaction with a minor under 18 controlled substance, a Class C felony; and one count rape of a female over the age of 12 years old, a Class B felony.

Nolan was originally charged in a criminal complaint by the Campbell County Police Department for crimes that occurred between 2010 and May 2017. That complaint alleged that Nolan committed human trafficking with a minor by subjecting a child under the age of 18 to engage in commercial sexual activity.

On May 4, Nolan was indicted by a Campbell County grand jury on – one count of human trafficking with a person under age 18, a Class B felony; one count of first degree rape, a Class B felony; five counts of human trafficking with adults, a Class C felonies; one count of second degree unlawful transaction with a minor, a Class D felony; one count of tampering with a witness, a Class D felony; one count of third degree unlawful transaction with a minor, a Class A misdemeanor; and one count of prostitution, a Class B misdemeanor.

On June 6, Nolan was arrested and charged with six additional felony counts of human trafficking in Campbell District Court. The charges included one count of human trafficking with a person under age 18, a Class B felony; and five counts of human trafficking with an adult, a Class C felonies.

On June 22, Nolan was charged with two counts of human trafficking with a person under the age of 18, a Class B felonies; two counts of human trafficking with an adult, a Class C felonies; and one count of unlawful transaction with a minor, a Class C felony.

Thursday’s indictment brings the total count of alleged victims for which Nolan is charged to 22, including eight juveniles under the age of 18 and 14 adults.

Beshear’s Special Prosecution Division is handling the case. The division is responsible for assisting local prosecutors in complex or sensitive cases, as well as handling cases in which local prosecutors recuse themselves. A core mission of Beshear’s is to bring justice to victims of rape, sexual assault and human trafficking.

Anyone with information that could help police in this case should contact the Campbell County Police Department.

Nolan remains in custody. The next hearing is scheduled for Oct. 27, and a trial has been set for Feb. 27, 2018.

Office of the Attorney General

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Former judge Tim Nolan indicted on new charges, now faces 28 felony, 2 misdemeanor counts

Two Summerville Men Face Felony Charges

Two Summerville men face felony charges for swindling elderly residents for money, according to Chattooga County Sheriff Mark Schrader.

After receiving numerous complaints, investigators discovered the two men allegedly targeted the elderly. Now both Christopher Jay Caldwell, 49, and Scotty Matthew Caldwell, 36, face allegations that they exploited the elderly for money.

The two men are accused of offering to cut shrubs or trees for elderly homeowners for a fee. Often the two Caldwells would ask for part of the money upfront but then never returned to complete the task.

"We received many complaints they were getting money and not returning to do the job. It seemed like all the victims were over 65 years old," Sheriff Mark Schrader said.

The sheriff said some of the elderly victims would not report being scammed. Sometimes a family member would discover the Caldwells' scheme and report it, the sheriff said.

"Most of it was uncovered by family members," Schrader said.

Reports about the Caldwells' scheme came from residents across the county. In June, an 83-year-old man on Scoggins Trail was approached by Christopher Caldwell and asked to do yard work.

"The work has never been performed. [Chris] has two prior theft convictions," a warrant states.

Christopher Caldwell disputes the charges. He says the sheriff and investigators have it wrong. The culprit is Scotty, according to Christopher.

Scotty is accused of offering to cut trees and brush for an elderly man on Dover's Cut Road, Lyerly. That happened in October 2015 and the work hasn't been performed.

"The work still has not been performed after being contacted multiple times. [Scotty] has two prior theft convictions, this being his third offense," a warrant states.

"I don't know how they would identify who to target, but they would approach the person and ask to do some yard work," Sheriff Schrader said.

Christopher was charged with three counts of exploitation and intimidation of disabled or elder adult and three charges of theft by deception.

Scotty was charged with exploitation and intimidation of disabled or elder adult and theft by deception, according to jail reports.

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Two Summerville Men Face Felony Charges