Court News - October 15, 2015

Columbia County Superior Court

October 7, 2015

Trials Set:

Joshua J. Berdar, 23; charged with obtaining a legend (prescription) drug (oxycodone) by fraud, a Class B felony in April. He was released on a $10,000 personal recognizance bond and allowed to travel to Mont. for work. In June, Berdar was charged in Mont. with Driving Under the Influence – First Offense, and Theft of Property in Gallatin County, Mont. Berdar allegedly took snack items to the register in a convenience store, and stole them once he realized he didn’t have the money to pay for them. Once he was apprehended by the police, he was also charged with driving under the influence. As a result, Berdar’s Columbia County bond was revoked in July for failure to comply with the terms and conditions of his release and a bench warrant was issued. Berdar was arrested and re-released in Sept. after putting up 10% of a $10,000 security bond. Trial dates are set for Nov. 9-10.

Nicholas A. Beard, 26, Spokane; charged last October with attempting to elude, reckless driving, and DUI. In July, count #3 (driving under the influence of alcohol) was dismissed without prejudice after blood test evidence was suppressed on the grounds that Beard was not served directly with a warrant for the extraction of blood. Trial dates for the first two charges are reset to Feb. 4-5, 2016.

Other Legal Action:

Richard Lee Lyman, 64, Columbia, Mo.; charged with theft in the second degree, malicious mischief in the second degree and making false or misleading statements to a public servant for allegedly collecting archeological materials illegally. Court denied motion to dismiss charges. Judge Gallina said that to dismiss the court would be required to weigh the credibility of the witness, which is expressly prohibited, in order to determine criminal intent. The court would also have to determine whether the altering of artifacts from their native state diminished their value which necessitates a factual determination by the court, which is also expressly prohibited by court rule.