Pretrial conference for Dyer continued, circuit court session is busy

Posted July 24, 2013 at 2:11 pm

As opposed to the light grand jury session last Monday, July 15, the second monthly term of Clinton Circuit Court held before Judge David L. Williams saw a very heavy docket with a host of cases being taken into consideration by the court.

During a pretrial conference that was scheduled in the case of Ira B. Dyer, III, who is charged with murder and other offenses in relation to a vehicle accident death over two years ago, another brief continuance was granted. The court continued the pretrial proceedings until August 5, but apparently the trial date in the case remains scheduled at this time for a two-day period on September 4 and 5 of this year.

The defendant is charged with murder in relation to the death of an elderly Clinton County woman, Ina Edwards, age 79, in April of 2011 as the result of a two-vehicle accident on U.S. 127 North. He is also charged with wanton endangerment involving other passengers in both vehicles, as well as persistent felony offender, and DUI.

Several other cases were on the court calendar last Monday and the following are cases in which some type of resolutions were reached or ruling made:

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tonya J. Conatser.

The Commonwealth recommended dismissing three total counts of persistent felony offender second degree. Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 15-year sentence. Upon a plea of guilty to complicity to burglary second degree (two counts) the defendant would receive a five year sentence on each count, with all sentences to run concurrent for 15 years. The defendant would serve six months with the balance of the sentence probated for five years with supervision, with restitution to be paid in the amount of $6,362.28.

Final sentencing was scheduled for August 19.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Donald Jerry Craft.

The Commonwealth recommended amending the charge of manufacturing methamphetamine to complicity to manufacture meth with a 10-year sentence. The defendant would serve six months with the balance probated for five years with supervision and he will be assessed for acceptance into the Clinton County Drug Court Program.

Final sentencing is scheduled for August 19.

* Sentencing was held in the case of Commonwealth vs. Susan Denney, pursuant to an agreement effectuated on July 1.

The defendant pled guilty to two counts of violating graves with a four year sentence imposed. The defendant would serve 30 days in jail with the balance of the sentence probated for four years. The following charges would be dismissed: three counts of theft by unlawful taking or disposition, two total counts of violating graves and a count of theft by unlawful taking less than $500.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ricky Dewayne Jones.

The Commonwealth recommended amending the charge of second degree burglary to third degree and dismissing a charge of persistent felony offender first degree. Upon a plea of guilty to burglary third degree, the defendant would receive a one year sentence to run consecutive with another circuit court case.

Final sentencing is scheduled for August 19.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ada Kay Shelton.

The Commonwealth recommended dismissing the charge of possession of a controlled substance first degree (methamphetamine) and upon a plea of guilty to criminal possession of a forged instrument, the defendant would receive a two year sentence, pretrial diverted for two years with supervision and she will pay $145 in restitution within 60 days.

* During arraignment, in the case of Commonwealth vs. Perry L. Wray, charged with three counts of wanton endangerment, DUI, and other traffic violations, the defendant entered a plea of not guilty. A trial date of September 17 was scheduled with a pretrial conference set for August 19.

* During arraignment, in the case of Commonwealth vs. J. Ted Mishler, charged with manufacturing methamphetamine, first offense, possession of a controlled substance, first offense and possession of a meth precursor, first offense, the defendant entered a plea of not guilty. A trial date of October 22 was scheduled with a pretrial conference set for August 19.

* During arraignment in the case of Commonwealth vs. Billy G. Brown, charged with possession of a meth precursor, first offense, manufacturing methamphetamine, first offense and possession of a controlled substance, first offense, the defendant entered a plea of not guilty. A trial date of October 22 was scheduled with a pretrial conference set for August 19.

Sentencing were continued in the following cases:

* Commonwealth vs. David Stonecipher, charged with trafficking in marijuana and cultivation of marijuana. Sentencing is now scheduled for August 5.

* Commonwealth vs. Christopher L. Flanagan, charged with theft by unlawful taking, burglary third degree and two counts of persistent felony offender. Sentencing is now scheduled for August 5 and the defendant attorney, Dan Thompson, was held in contempt of court for failure to appear.

* Commonwealth vs. Justin Brent Lester, charged with theft by unlawful taking. Sentencing is now scheduled for August 5.

Trial dates were scheduled and/or continued in the following cases:

* September 11 in the case of Commonwealth vs. Jerry B. Simpson, charged with first degree assault. A pretrial conference was set for August 19.

* The trial in the case of Commonwealth vs. Johnnie Kenneth Duvall, Jr., charged with flagrant nonsupport, scheduled for August 1, was continued with a pretrial conference scheduled for August 19.

* The trial in the case of Commonwealth vs. Danni Lynn Burgin, charged with possession of meth precursor, possession of marijuana, possession of a controlled substance, manufacturing meth and possession of drug paraphernalia, scheduled for August 7, was continued with a pretrial conference set for August 5.

* The trial in the case of Commonwealth vs. Richard Lee Guthrie, charged with three counts of persistent felony offender, manufacturing meth, possession of marijuana and drug paraphernalia, possession of a controlled substance and possession of a meth precursor, scheduled for August 7, was continued with a pretrial conference set for August 5.

* The trial scheduled for July 29 in the case of Commonwealth vs. William Matthew Reynolds, charged with manufacturing methamphetamine, was continued to August 1.

* The trial in the case of Commonwealth vs. Joshua E. Shaw, charged with possession of a controlled substance, possession of a meth precursor, possession of marijuana and drug paraphernalia and manufacturing methamphetamine, scheduled for August 7, was continued with a pretrial conference set for August 5.

* The trial in the case of Commonwealth vs. Teresa L. Waid, charged with manufacturing methamphetamine, possession of a meth precursor, drug paraphernalia, marijuana and possession of a controlled substance, scheduled for August 7, was continued with a pretrial conference scheduled for August 5.

* During motion hour, in the case of Commonwealth vs. Donna Annette Coffey, charged with five counts of wanton endanger, DUI and reckless driving, a competency hearing was set for August 5 with the defendant ordered not to operate a motor vehicle during the pendency of the case.

* During a pretrial conference in the case of Commonwealth vs. Ada Dicken, charged with two counts of wanton endangerment, the trial date remained scheduled for August 1.

* During a review in the case of Commonwealth vs. Jeffery Huddleston, originally charged with wanton endangerment, the case was dismissed/diverted.

* During a review in the case of Commonwealth vs. Kendall Beaty, originally charged with flagrant nonsupport, the case was dismissed.

* During a revocation hearing in the case of Commonwealth vs. Jeffery Clark, charged with flagrant nonsupport, the defendant did not appear and a warrant of arrest was issued.

Several other cases were on last week’s docket, with some motions being sustained to consolidate cases and others being continued to future court dates.