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Judge revokes Dwayne Flowers' pretrial diversion after months-long absconding and failure to report
Summary
Dwayne Flowers' pretrial diversion was revoked after probation evidence showed extended nonreporting, a period of absconding and extradition from Texas. The court ordered a hearing and set further proceedings for sentencing review.
A Monroe County judge revoked the pretrial diversion status of Dwayne Flowers after the court heard probation's account that Flowers failed to report as directed beginning in December 2022, was later charged with absconding, and was extradited from Texas in spring 2025.
Prosecution and probation testimony summarized contact attempts: probation records show Flowers last had contact in September 2023, with an earlier missed report on Dec. 13, 2022, and repeated unsuccessful attempts to reach him at published addresses and telephone numbers. Officer Ryan Cowles's notes documented phone calls in which Flowers told probation he was homeless in Dallas and feared for his safety; probation advised him repeatedly to turn himself in. The Commonwealth told the court Flowers had left supervision and was later located and extradited.
Flowers testified he left Kentucky because he feared for his safety, said he had family in Texas and that he attempted to coordinate an interstate transfer; he denied intentionally evading probation. "I talked to the probation officer and thought that I would be transferred as an unsupervised probation in Texas," Flowers told the court. He said he subsequently contacted officers and that his absence stemmed from fear and lack of stable housing.
Defense counsel argued Flowers had previously been relatively compliant, had a positive drug test early in supervision followed by sanctions, and had not had further violations before the failure-to-report and absconding. Counsel asked the court not to revoke and to consider alternatives. The Commonwealth emphasized the gravity of absconding and the difficulty of supervising someone who leaves the state without formal transfers.
The judge revoked Flowers' diversion, ordered a pre-sentence investigation and set sentencing review for June 12. The judge said probation and the court would calculate days served and review options for disposition following the presentence report.
Speakers included Dwayne Flowers (defendant), probation officers (Officer Ryan Cowles and Officer Collins), defense counsel, and the presiding judge.
