The Marshall County woman accused of firing a handgun at ATV riders on her property has changed her plea as part of an agreement with the Commonwealth Attorney’s office.
Bonita Walker, who initially pleaded not guilty to five charges of first-degree wanton endangerment and two charges of second-degree criminal mischief, entered an Alford plea to Judge Jamie Jameson during a scheduled appearance Tuesday in Marshall County Circuit Court. A defendant may choose to make an Alford plea if he or she does not admit to any wrongdoing, but recognizes that the state can present enough evidence to result in a conviction and agrees to be treated as guilty.
Walker entered her plea to each count of wanton endangerment, a class D felony; the state dismissed both criminal mischief charges as part of the arrangement. She will face a five-year sentence, diverted for the first three years.
“They’ve offered you five years in prison and agreed to divert that sentencing for a period of three years, in other words put it off for three years,” Jameson told Walker. “If you do certain things and don’t do other things – as long as you comply with the Commonwealth, basically – then all this will go away, and you can get the chance to get it expunged just like it never happened. If you have any mess ups, OK, then you can serve up to five years in prison. But that period of supervision is three years. So, they’ll be able to file something to violate this for three years. Beyond that three years, even if you commit some nasty crime … this can’t come back and get you.”
In that three-year period Walker will not be allowed to own or possess a firearm of any sort.
“I want to make clear that under Kentucky law while a diversion is pending you are seen as a convicted felon for the purposes of being around a gun,” Jameson said. “… Anything that expels an object by way of an explosion. That’s the definition. So a potato gun would count, bow and arrow would not.”
Commonwealth Attorney Mark Blankenship said the state expects to address potential restitution at a later date.
Walker, 56, of Fairdealing, was arrested Feb. 19 after police said she fired shots at ATV and UTV riders on her property at Salem Chapel Road. According to previous testimony, the riders obtained permission to ride on adjoining property owned by Dr. Bradley Albertson, and crossed onto Walker’s property. Walker did not give consent for riders to enter her property and had previously reported to the Marshall County Sheriff’s Department problems with riders trespassing onto the property.
Walker reportedly fired warning shots to stop an ATV, driven by owner Chris Pratt, and a UTV driven by Travis Miller, Jessica Manley and their two small children. Walker reportedly gave riders the opportunity to leave the premises on the condition that they leave their vehicles behind. Pratt sped off, and Walker reportedly held Miller, Manley and their children in the field at gunpoint until sheriff’s deputies arrived on scene. Police say she fired shots at the tire, gas tank and engine of Pratt’s ATV while he was on it and also at the front of the UTV during the course of the incident.
MCSD reports said one shot missed riders by 2 inches.
Walker is scheduled to appear with counsel Mark Ashburn for final sentencing on June 29.