A Floyd County man who received a 10-year sentence in 2012 for manslaughter caused by driving under the influence was indicted on a felony charge this week for allegedly being found intoxicated behind the wheel multiple times.

On Monday, a Floyd County grand jury issued an indictment against Malen J. Mitchell, 44, of Ligon, charging him with fourth-offense or greater DUI (a felony charge), being a persistent felony offender in the second degree and three traffic violations. 

Mitchell was arrested on Feb. 8 following a single vehicle crash on Ky. 979. 

Kentucky State Police Trooper M. Branham reported in the citation that a witness saw Mitchell climb out of the vehicle after the crash, which occurred near Tackett Fork. He allegedly had slurred speech and failed field sobriety tests.

According to court records, Mitchell was convicted in 2012 of second-degree manslaughter and other charges for a wreck that occurred in Beaver on July 6, 2011. Officials reported Mitchell was driving under the influence and crossed the center line on Ky. 979, hitting a car driving by Judy Blankenship, causing her to cross into another lane and hit another car driven by Jennifer Newsome of Wheelwright.

Tiffany Adams Blankenship, 22, a passenger in Blankenship’s car, was pronounced dead at the scene of the crash.

According to documents filed in Floyd Circuit Court, Mitchell was charged in September 2011 with murder, three counts of first-degree assault, DUI, driving on a suspended license and leaving the scene of an accident.

He was sentenced in July 2012 to reduced charges. He received a 10-year sentence on a charge of second-degree manslaughter, and he was also given several other sentences, which would run concurrently, or at the same time: three five-year sentences for three second-degree assault charges, 12 months for DUI, 90 days for driving on a suspended license and 12 months for leaving the scene of a wreck.

Former Circuit Judge John David Caudill ordered Mitchell to undergo one year of alcohol and drug treatment and one year of alcohol and drug education while he was incarcerated.

The indictment against Mitchell was among several indictments issued by the Floyd County grand jury on Monday. Other indictments handed down by the grand jury included: 

• Homer Smith, 35, of Prestonsburg; two counts of first-degree possession of a controlled substance, third-degree possession of a controlled substance and possession of a controlled substance not in original container.

• Gerald Frasure, 53, of Prestonsburg; DUI, third-degree possession of a controlled substance, controlled substance not in original container and a traffic charge.

•Stephanie Hamilton, 37, of Martin; first-degree possession of a controlled substance, DUI, tampering with physical evidence, second-degree wanton endangerment and traffic charges.

• Billy R. Craft, 48, of Prestonsburg; DUI, first-degree possession of a controlled substance, possession of marijuana, possession of drug paraphernalia and traffic charges.

• Samuel Thompson, 43, of Kite; DUI, first-degree possession of a controlled substance, possession of a controlled substance not in original container and a traffic charge.

• Amy Adams, 41, of Prestonsburg; first-degree fleeing/evading police, first-degree possession of a controlled substance, second-degree possession of a controlled substance, driving on a suspended license, DUI, tampering with physical evidence, resisting arrest and a traffic charge.

• Christian Crace, 23, of Paintsville; first-degree possession of a controlled substance and public intoxication.

• Michael Crace, 46, of Prestonsburg; first-degree possession of a controlled substance, DUI and possession of a controlled substance not in original container.

• Edd Hicks, 65, of Garrett; first-degree possession of a controlled substance, DUI, possession of an open alcoholic beverage in a moving vehicle and possession of a controlled substance not in original container.

• Marvin Ousley, 38, of Prestonsburg; second-degree escape, tampering with a prisoner monitoring device, and being a persistent felony offender in the second degree.

• Joshua F. Adams, 40, of Pikeville; flagrant nonsupport.

• Marilyn Allen, 46, Ivel; theft by unlawful taking or disposition.

• Krista Garrett, 32, of Prestonsburg; second-degree burglary and second-degree fleeing/evading police.

Editor’s note: An indictment is merely an accusation and the defendant is presumed innocent until, and unless, proven guilty.

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