STATE OF OKLAHOMA vs. HOLUBY, ELLSWORTH MARK
| Case Identifier | Kay OK — CF-2025-00097 Monitor this case |
|---|---|
| Date Filed | 02/26/2025 |
| Amount Owed | $2,365.25 (as of 02/04/2026 04:11pm) |
| Defendant | HOLUBY, ELLSWORTH MARK of Ponca City OK | Monitor this person |
|---|---|---|
| DA | OSBORN, JACK | |
| Attorney | BENITEZ, JAMES D., III (OIDS) | |
| Officer | SHARP, KISEN | |
| Agency | PONCA CITY POLICE DEPARTMENT of Ponca City OK | |
| Judge | TURNER, LEE of Ponca City OK | |
| Date | Description | Amount |
|---|---|---|
| 02/18/2025 | AFFIDAVIT (COPY) | |
| 02/18/2025 | CM:WILKIE BNM CAUSE COMES ON FOR PROBABLE CAUSE HRG. COURT FINDS PROBABLE CAUSE AND SETS MATTER FOR INITIAL APPEARANCE ON FEBRUARY 28, 2025 AT 9:00 A.M. COURT SETS BOND IN THE AMOUNT OF $50,000 AND ORDERS NO ALCOHOL AS A BOND CONDITION. SEE COURT MINUTE. |
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| 02/18/2025 | PROBABLE CAUSE AND/OR INITIAL APPEARANCE MINUTE/ORDER (COPY TO DEPUTY FOR DEFT IN KSO) | |
| 02/19/2025 | ORIGINAL AFFIDAVIT | |
| 02/26/2025 | FELONY COUNT DUI COUNT 1 ...DUI 2ND FEL, AFC |
$166.50 |
| PONCA CITY MUNICIPAL COURT | $83.25 | |
| DA COUNCIL PROSECUTION ASSESSMENT FOR DUI | $83.25 | |
| SHERIFF ARREST FEE | $5.00 | |
| CLEET | $10.00 | |
| AFIS | $10.00 | |
| STATE TREASURERS FORENSIC FEE | $10.00 | |
| ASSESSMENTS - DPS | $155.00 | |
| 10% OF AF10 | $1.00 | |
| 10% of CL10 | $1.00 | |
| 10% of FO10 | $1.00 | |
| 10% OF PSRF | $15.50 | |
| TRAUMA CARE ASSISTANCE REVOLVING FUND | $100.00 | |
| 10% OF TCRF | $10.00 | |
| Oklahoma Court Information System Fee - Effective 07/01/04 | $25.00 | |
| DA PROSECUTION FEE-FELONY | $50.00 | |
| 10% OF DARF | $5.00 | |
| MED EXP LIABILITY REVOLVING FUND | $10.00 | |
| 10% OF MLRF | $1.00 | |
| LAW LIBARY FEE | $6.00 | |
| SHERIFF SERVICE FEE-COURTHOUSE SECURITY SUB ACCOUNT | $10.00 | |
| 10% OF COURTHOUSE SECURITY FEE | $1.00 | |
| ATTORNEY GENERAL VICTIM SERVICES UNIT | $3.00 | |
| 10% OF AG VICTIM SERVICES FEE | $0.30 | |
| CHILD ABUSE MULTIDISCIPLINARY ACCOUNT | $3.00 | |
| 10% OF CAMA FEE | $0.30 | |
| 15% TO DISTRICT COURT REVOLVING FUND | $54.15 | |
| DPS IMPAIRED DRIVER DATABASE FEE | $15.00 | |
| 10% TO COURT CLERK REVOLVING FUND | $1.50 | |
| 15% TO DISTRICT COURT REVOLVING FUND | $2.25 | |
| 02/26/2025 | MISDEMEANOR COUNT 2 ...TOC INTOXICATING BEVERAGE |
$83.00 |
| LAW LIBRARY FEE | $6.00 | |
| SHERIFF ARREST FEE | $5.00 | |
| CLEET | $10.00 | |
| AFSI | $10.00 | |
| STATE TREASURERS FORENSIC FEE | $10.00 | |
| 10% OF CL10 | $1.00 | |
| 10% OF AF10 | $1.00 | |
| 10% OF FO10 | $1.00 | |
| MEDICAL EXPENSE LIABILITY REVOLVING FUND | $10.00 | |
| 10% OF MLRF | $1.00 | |
| SPECIAL ADD. TRAUMA CARE ASSISTANCE REVOLVING FUND | $100.00 | |
| 10% OF SPECIAL ADDITIONAL TCRF | $10.00 | |
| Oklahoma Court Information System Fee - Effective 07/01/04 | $25.00 | |
| DA PROSECTION FEE-MISDEMEANOR | $30.00 | |
| 10% OF DARF | $3.00 | |
| TRAUMA CARE ASSISTANCE REVOLVING FUND | $10.00 | |
| 10% OF TCRF | $1.00 | |
| SHERIFF SERVICE FEE-COURTHOUSE SECURITY SUB ACCOUNT | $10.00 | |
| 10% OF COURTHOUSE SECURITY FEE | $1.00 | |
| ATTORNEY GENERAL VICTIM SERVICES UNIT | $3.00 | |
| 10% OF AG VICTIM SERVICES FEE | $0.30 | |
| CHILD ABUSE MULTIDISCIPLINARY ACCOUNT | $3.00 | |
| 10% OF CAMA FEE | $0.30 | |
| 15% TO DISTRICT COURT REVOLVING FUND | $27.90 | |
| 02/28/2025 | CM:WILKIE BC/KLG CAUSE COMES ON FOR INITIAL APPEARANCE. APPEARANCE IS HELD. COURT FINDS DEFT APPLIED FOR COURT APPOINTED COUNSEL. COURT APPROVES AND APPOINTS COUNSEL, JAMES BENITEZ. COURT SETS MATTER FOR STATUS DOCKET ON APRIL 4, 2025 AT 10:00 A.M. SEE COURT MINUTE. |
|
| 02/28/2025 | COURT MINUTE/ORDER (COPY SENT TO JAIL FOR DEFT) | |
| 02/28/2025 | APPLICATION FOR APPOINTED COUNSEL AND AFFIDAVIT OF FINANCIAL INABILITY TO EMPLOY COUNSEL (O.I.D.S. ATTY) | $40.00 |
| 03/04/2025 | APPEARANCE BOND (SANDI JONES) | $10.00 |
| BONDSMAN'S NAME:FRANK BARTLETT/PROFESSIONAL POWER NUMBER:3301 AMOUNT:50,000 | $25.00 | |
| COURT CLERK REVOLVING FUND | $2.50 | |
| DISTRICT COURT REVOLVING FUND | $3.75 | |
| 04/04/2025 | CM:WILKIE KLG CAUSE COMES ON FOR STATUS DOCKET. COURT SETS MATTERS FOR PRELIM HRG ON JUNE 27, 2025 AT 2:30 P.M. SEE COURT MINUTE. |
|
| 04/04/2025 | COURT MINUTE/ORDER (DEFT SIGNED MINUTE) | |
| 05/27/2025 | SUBPOENA IN CRIMINAL CASE FOR STATE ISSUED BY MAIL TO SERVE: KISEN SHARP, PCPD (POSTAGE $.69) RUNNING TOTAL $ | $10.00 |
| 06/03/2025 | CM:WILKIE KLG COMES NOW THE COURT AND ALLOWS OIDS TO VACATE DUE TO AMOUNT OF BOND POSTED. COURT SETS MATTERS FOR ATTY STATUS REVIEW ON JUNE 27, 2025 AT 9:30 A.M. SEE COURT MINUTE. |
|
| 06/03/2025 | COURT MINUTE/ORDER (COPY MAILED TO DEFENDANT) (POSTAGE $.63) RUNNING TOTAL $ | $10.00 |
| 06/13/2025 | CM:WILKIE BC CAUSE COMES ON FOR INITIAL APPEARANCE IN CF-25-264. APPEARANCE IS HELD. COURT FINDS DEFT APPLIED FOR COURT APPOINTED COUNSEL. COURT APPROVES AND APPOINTS COUNSEL, JAMES BENITEZ IN ALL CASES. COURT SETS ALL MATTERS FOR STATUS DOCKET ON JULY 11, 2025 AT 10:00 A.M. |
|
| 06/13/2025 | PROBABLE CAUSE AND/OR INITIAL APPEARANCE MINUTE/ORDER (COPY TO DEPUTY FOR DEFT IN KSO) | |
| 06/13/2025 | APPLICATION FOR APPOINTED COUNSEL AND AFFIDAVIT OF FINANCIAL INABILITY TO EMPLOY COUNSEL (O.I.D.S. ATTY) ---FEE ASSESSED IN CF-25-264--- |
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| 07/14/2025 | CM:WILKIE KLG CAUSE COMES ON FOR SCHEUDLING. COURT SETS MATTERS FOR PLEA DOCKET ON SEPTEMBER 8, 2025 AT 9:00 A.M. SEE COURT MINUTE. |
|
| 07/14/2025 | COURT MINUTE/ORDER (COPY SENT TO JAIL FOR DEFT) | |
| 09/08/2025 | CM:TURNER BC CAUSE COMES ON FOR PLEA DOCKET. STATE TO PERSUE APPS FIRST WITH NEW CASES TO FOLLOW. COURT SETS MATTERS FOR HEARING ON APPLICATIONS TO REVOKE ON SEPTEMBER 30, 2025 AT 1:30 P.M. SEE COURT MINUTE. |
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| 09/08/2025 | COURT MINUTE/ORDER (COPY TO ATTY TO NOTIFY DEFT) | |
| 10/01/2025 | CM:WILKIE BNM CAUSE COMES ON FOR HRG ON APP. DUE TO JUDGE AND DEFT'S ATTY BEING UNAVAILABLE, COURT CONTINUES MATTERS FOR PLEA DOCKET ON NOVEMBER 3, 2025 AT 9:00 A.M. SEE COURT MINUTE. |
|
| 10/01/2025 | COURT MINUTE/ORDER (COPY SENT TO JAIL FOR DEFT) | |
| 11/03/2025 | COURT REPORTER FEE (ASSESSED IN CF-25-264) | |
| 11/03/2025 | CM: TURNER AB COURT REPORTER: SONYA MENEELY CAUSE COMES ON FOR BLIND PLEA IN CF-22-135, CF-24-533, CF-25-97, CF-25-264 AND CM-22-161. STATE APPEARS BY ASS'T D.A. JACK OSBORN. DEFT APPEARS IN PERSON WITH OIDS COUNSEL JAMES BENITEZ. DEFT IS SWORN AND STATES HE IS CHARGED BY HIS TRUE AND CORRECT NAME. COURT REVIEWS AND ACCEPTS WAIVER OF PRELIMINARY HEARING. DEFT IS ADVISED OF HIS CONSTITUTIONAL RIGHTS AND ENTERS A PLEA OF GUILTY. COURT FINDS DEFT IS COMPETENT AND FACTUAL BASIS EXISTS FOR PLEA. COURT ACCEPTS PLEA AND SETS MATTERS FOR SENTENCING ON DECEMBER 3, 2025 AT 1:00 P.M. SEE COURT MINUTE. |
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| 11/03/2025 | WAIVER OF PRELIMINARY HEARING | |
| 11/03/2025 | PLEA OF GUILTY OR NO CONTEST | |
| 11/03/2025 | COURT MINUTE/ORDER (COPY SENT TO JAIL FOR DEFT) | |
| 11/26/2025 | SUBPOENA IN CRIMINAL CASE FOR STATE ISSUED TO STATE TO SERVE: KISEN SHARP, PCPD | |
| 12/01/2025 | RETURN OF ORIGINAL SUBPOENA - SERVING KISEN SHARP-PCPD ON 11-26-25 BY JESI CRISPIN | |
| 12/03/2025 | COURT REPORTER FEE (ASSESSED IN CF-25-264) | |
| 12/03/2025 | CM: TURNER AB COURT REPORTER: SONYA MENEELY CAUSE COMES ON FOR ARGUED SENTENCING. STATE APPEARS BY ASS'T D.A. JACK OSBORN. DEFT APPEARS IN PERSON WITH OIDS COUNSEL JAMES BENITEZ. DEFT IS SWORN AND STATES HE IS CHARGED BY HIS TRUE AND CORRECT NAME. STATE MAKES ARGUMENT. DEFT MAKES ARGUMENT. STATE MAKES FINAL ARGUMENT AND RECOMMENDATION. IT IS THE ORDER OF THE COURT THAT IN: --- CF-22-135 COUNTS 1-3 MOTION TO REVOKE IS GRANTED. COURT REVOKES 10 YEARS OF PREVIOUSLY SUSPENDED SENTENCE TO RUN CONCURRENT WITH CF-24-533 BUT CONSECUTIVE TO CF-25-97 AND CF-25-264. HOWEVER UPON SUCCESSFUL COMPLETION OF BILL JOHNSON PROGRAM THE REMAINING BALANCE BE SUSPENDED UPON THE FOLLOWING CONDITIONS. DEFT IS TO COMMIT NO FURTHER LAW VIOLATIONS, BE UNDER DOC SUPERVISION FOR A PERIOD OF 2 YEARS, COMPLY WITH 991A FEES FOR A PERIOD OF 2 YEARS, COMPLETE A DOMESTIC VIOLENCE PROGRAM WHILE INCARCERATED AND PAY ALL SUMS ASSESSED. DEFT IS ASSESSED AN OIDS FEE OF $300, COURT COSTS AND COSTS OF INCARCERATION. --- IN CF-24-533 MOTION TO REVOKE IS GRANTED. COURT REVOKES 4 YEARS AND 357 DAYS OF PREVIOUSLY SUSPENDED SENTENCE TO RUN CONCURRENT WITH CF-22-135 BUT CONSECUTIVE TO CF-25-97 AND CF-25-264. HOWEVER UPON SUCCESSFUL COMPLETION OF BILL JOHNSON PROGRAM THE REMAINING BALANCE BE SUSPENDED UPON THE SAME CONDITIONS AS IN CF-22-135. DEFT IS ASSESSED AN OIDS FEE OF $300, COURT COSTS AND COSTS OF INCARCERATION. --- IN CF-25-97 DEFT IS SENTENCED TO 10 YEARS DOC TO BE SERVED CONCURRENT WITH CF-25-264 BUT CONSECUTIVE TO CF-22-135 AND CF-24-533. HOWEVER AFTER SUCCESSFUL COMPLETION OF BILL JOHNSON PROGRAM THE REMAINING BALANCE WILL BE SUSPENDED UPON THE SAME CONDITIONS AS IN CF-22-135. DEFT IS ASSESSED A FINE OF $500, A VCA OF $200, AN OIDS FEE OF $250, COURT COSTS AND COSTS OF INCARCERATION. --- IN CF-25-97 COUNT 2 DEFT IS ASSESSED COURT COSTS AND COSTS OF INCARCERATION. --- IN CF-25-264 COUNT 1 DEFT IS SENTENCED TO 10 YEARS DOC TO RUN CONCURRENT WITH CF-25-97 BUT CONSECUTIVE TO CF-22-135 AND CF-24-533. HOWEVER AFTER SUCCESSFUL COMPLETION OF BILL JOHNSON PROGRAM THE REMAINING BALANCE BE SUSPENDED UPON THE SAME CONDITIONS AS IN CF-22-135. DEFT IS ASSESSED A FINE OF $500, A VCA OF $200, AN OIDS FEE OF $250, COURT COSTS AND COSTS OF INCARCERATION. --- IN CF-25-264 COUNT 2 DEFT IS ASSESSED COURT COSTS AND COSTS OF INCARCERATION. --- IN CM-22-161 COUNTS 1 AND 3 MOTION TO REVOKE IS GRANTED. DEFT IS SENTENCED TO 1 YEAR KCDC TO RUN CONCURRENT WITH ALL OTHER CASES AND COUNTS. DEFT IS ASSESSED AN OIDS FEE OF $200, COURT COSTS AND COSTS OF INCARCERATION. DUE TO DEFT'S INDIGENCY COURT CAPS INCARCERATION IN THE AMOUNT OF $1,000. DEFT IS ADVISED OF HIS RIGHT TO APPEAL AND IS ORDERED TO THE COST ADMINISTRATOR WITHIN 180 DAYS OF RELEASE. DEFT WAIVES HIS RIGHT TO REMAIN IN KAY COUNTY FOR 10 DAYS. |
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| 12/03/2025 | APPEAL RIGHTS | |
| 12/03/2025 | ORDER OF COMMITTAL TO COUNTY JAIL (COPY TO KSO, COPY TO C A OFFICE) | |
| 12/03/2025 | COURT FUND FINE | $500.00 |
| 12/03/2025 | VICTIMS COMPENSATION ASSESSMENT | $200.00 |
| 10% OF VCA | $20.00 | |
| 15 TO DISTRICT COURT REVOLVING FEE | $30.00 | |
| 12/03/2025 | OK INDIGENT DEFENSE ATTORNEY FEE | $250.00 |
| 10% OF OID1 | $25.00 | |
| 15% DISTRICT COURT REVOLVING FUND | $37.50 | |
| 01/12/2026 | JUDGMENT AND SENTENCE | |
| Grand Total | $2,365.25 | |
| Date | Time | Description |
|---|---|---|
| 02/28/2025 | 9:00am | INITIAL APPEARANCE - Completed: 02/28/2025, Code: X |
| 04/04/2025 | 10:00am | STATUS DOCKET - Completed: 04/04/2025, Code: X |
| 06/27/2025 | 9:30am | ATTORNEY STATUS REVIEW DOCKET* - Completed: 06/13/2025, Code: X |
| 06/27/2025 | 2:30pm | PRELIMINARY HEARING - Completed: 06/03/2025, Code: X |
| 07/11/2025 | 10:00am | STATUS DOCKET - Completed: 07/15/2025, Code: X |
| 09/08/2025 | 9:00am | PLEA DOCKET - TURNER - Completed: 09/08/2025, Code: X |
| 09/30/2025 | 1:30pm | HRG ON APPLICATION - Completed: 10/01/2025, Code: X |
| 11/03/2025 | 9:00am | PLEA DOCKET - TURNER - Completed: 11/03/2025, Code: X |
| 12/03/2025 | ST GUILTY PLEA - Completed: 12/03/2025, Code: X | |
| 12/03/2025 | 1:00pm | SENTENCING - Completed: 12/03/2025, Code: X |