Journal-Times (Grayson, KY)

August 7, 2013

Case dismissed because defendant died

By Lana Bellamy
Journal-Times

Aug. 7, 2013 — A hearing on sex abuse charges didn’t happen Monday in Carter Circuit Court when it was reported that the defendant had died.

Richard G. Hardin, 69, was arrested in 2006 on two counts of first degree sodomy, two counts of first degree sexual abuse, and fourth degree assault.

He was scheduled to appear Monday for a status hearing but the court was informed that he had died a few days earlier.

Hardin died in the VA Medical Center in Lexington. His funeral was Saturday. Charges against him were dismissed.

In another case, Dominico Mendoza, 27, of Grayson, who was indicted on second degree rape of a minor less than 14 years of age in January 2012, did not appear in court.  

Commonwealth’s Attorney Brandon Ison had offered a motion to forfeit Mendoza’s $25,000 bond.

He said Mendoza also failed to appear for a court date in April.  

Judge Rebecca Phillips sustained the motion and ordered the bond forfeited.

Also scheduled to appear Monday was James Layne, 30, of Olive Hill, indicted on two counts of first degree rape and eight counts of first degree sodomy by forcible compulsion, all Class B felonies, in January 2012.

The court was informed that the commonwealth’s attorney has not completed work on pre-trial discovery material for Layne’s defense counsel.

It was noted that three previous hearings had been postponed for the same reason.

Judge Phillips reset the hearing for Oct. 7.