Town marshal tracks down two teens for alleged criminal acts in Spur Cross Recreation Area

By Linda Bentley | September 30, 2009

CAVE CREEK – On Sept. 23, Shadrack J. Hosley, 37, of Glendale appeared before Cave Creek Municipal Judge George Preston for urinating in public, a petty offense under Title 36 Public Health and Safety.

Statute declares “spitting or urinating on sidewalks, or floors or walls of a public building, or building used for public assemblage …” a public nuisance dangerous to the public health.
Hosley pled guilty and told Preston the offense took place in front of the Hideaway Grill.
Preston fined Hosley $250 plus $20 in court costs.

However, when it came time to pay, Hosley asked the court clerk if he could sign up for time payments.

“You didn’t bring any money?” asked Preston, adding, “Ordinarily I won’t take a plea unless you plan to pay. I’ll give you a little bit of time, but I won’t give you a whole lot of time.”

Ashley Cominski, 24, was appearing after having been arrested on Sept. 16 for failure to pay fines associated with an extreme DUI to which she pled guilty in April 2008. Court records indicate she had not made any payments since May 2009.

Cominski said she worked at “the restaurant next door” (Tonto Bar & Grill) and stated, “It’s really slow, so it’s kind of hard for me.”

Preston asked if she was out on bond and how much.

Cominski said she posted a $500 bond.

Preston admonished her to make payments and said they weren’t going to just go away.

adam steinTown Marshal Adam Stein arrested two 18-year-olds, Adam Jothiah McDonald and Luke Aaron Southwood on Sept. 15 and Sept. 22, respectively, for a variety of offenses allegedly committed at the Jewel of the Creek Nature Preserve in Spur Cross Recreation Area on Aug. 9 and Aug. 27, 2009.

“I followed the clues,” said Stein, adding, “It took me a month to track them down.”

McDonald, a Glendale resident, was cited for multiple counts of unlawful discharge of a firearm, littering and criminal damage.

Southwood, a west Phoenix resident, was cited for even more counts of the same charges. However, Southwood was additionally charged with taking big game out of season and for the taking of a game mammal and knowingly permitting an edible portion thereof to go to waste, both of which are class 1 misdemeanor offenses under Title 17 Game and Fish statutes.

Preston explained to them their rights and said they would not receive any different treatment if they were to plead not guilty, apply for a public defender, if they were eligible, and speak to the prosecutor, who could possibly dismiss some of the charges.

Preston asked if either of them were working, to determine their eligibility for a public defender.

Both stated they didn’t work. Southwood said he was attending automotive school while McDonald said he was attending school to become a paramedic.

Southwood asked, “Can I just plead guilty your honor? I did this and it was wrong.”

Preston reiterated the fact that they would qualify for a public defender and could possibly have some of the charges dismissed if they pled not guilty and scheduled a pretrial conference.

Southwood asked Preston what he recommended.
Preston responded, “I can’t make recommendations.”

Southwood and McDonald decided to plead not guilty and were scheduled for a Nov. 20 pretrial conference.

Carol Lebsack pled not guilty to two counts of unauthorized changes to building plans in the Knolls subdivision without approval from the town, a class 1 misdemeanor.

The court provided Lebsack with a copy of the town code she allegedly violated and scheduled her pretrial conference for Oct. 16.

Alison Hintz, 25, appeared with her attorney Tom Parascandola, where she pled guilty to one count of excessive speed, a class 3 misdemeanor, in a plea agreement, which will carry three points against her license. The court dismissed all other charges, including DUI, failure to carry registration and failure to provide proof of insurance.

debra weecksAs Preston read the citation, he noted Hintz was stopped on Carefree Highway at 42nd Street and said, “Speed of 85 in a 55 zone will always attract attention.”

Photo: Following arraignments last Wednesday, Cave Creek Municipal Judge George Preston swore in Attorney Debra Weecks as a judge pro-tem. Photo by Linda Bentley