The first of two monthly terms of Clinton Circuit Court was held last Monday, August 5 with Judge David Williams presiding over a heavy docket of cases.

* At a pretrial conference in the ongoing case of Ira Boles Dyer, III, charged with murder and several other offenses in relation to a vehicle accident that claimed the life of an Albany woman in April 2011, and the injury of others, a hearing was scheduled for next Monday, August 19 at 1:30 p.m. regarding motions to determine competency hearing and motions to suppress. Parties were given five working days prior to that hearing to file briefs.

* Sentencing was held in the case of Commonwealth vs. David Stonecipher, pursuant to a plea agreement reached on May 6.

The defendant entered a plea of guilty to trafficking in marijuana over eight ounces, second offense, with a five-year sentence imposed and guilty of cultivating marijuana more than five plants, first offense (two counts) with a five year sentence on each count to run consecutive for five years.

Pursuant to the recommendation by the Commonwealth, the defendant shall serve one year with the balance probated for five years with supervision and forfeiture shall be made in accordance with the plea agreement and the defendant will receive credit for time served as to be determined by the Kentucky Department of Corrections.

* Sentencing was held in the case of Commonwealth vs. Patricia Rains Jones, pursuant to an agreement reached on July 1.

The defendant pled guilty to trafficking in a controlled substance first degree with a five year sentence imposed. The defendant shall serve 120 days with the balance probated for five years with supervision and she will receive credit for 80 days time served and the remainder of the sentence on home incarceration. Charges of endangering the welfare of a minor and persistent felony offender second degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Bill Knox Parrigin, pursuant to an agreement reached on July 1.

The defendant pled guilty to trafficking in a controlled substance first degree with a sentence of two years imposed, probated for two years with supervision and he will receive credit for time served to be determined by the Kentucky Department of Corrections. The following charges were dismissed: endangering the welfare of a minor and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Kenney Willis, pursuant to a motion to revoke pretrial diversion. On July 1, the defendant stipulated to violating the terms and conditions of diversion.

The defendant was found guilty by the court of burglary third degree with a five year sentence imposed. The Commonwealth opposed probation. The defendant will receive credit for time served to be determined by the Kentucky Department of Corrections.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tyler Dishman.

The Commonwealth recommended dismissing charges of DUI and amending the charge of wanton endangerment first degree to second degree. Upon a misdemeanor plea of guilty to the lesser charge, the defendant would receive a 12-month sentence, probated for two years supervised. A misdemeanor judgement was entered.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Danni Lynn Burgin.

The Commonwealth recommended dismissing the following: possession of marijuana, manufacturing methamphetamine and possession of drug paraphernalia. Upon a plea of guilty to possession of meth, the defendant would receive a three-year sentence and on a plea of possession of a controlled substance, first degree, a three-year sentence to run concurrent for three years, pretrial diverted for three years. She also agreed to be assessed for the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Melanie Annette Conner.

The Commonwealth recommended dismissing the following: possession of a controlled substance not in original container, possession of drug paraphernalia, possession of a controlled substance second degree and possession of a controlled substance third degree. On a plea of guilty to possession of a methamphetamine precursor, the defendant would receive a three-year sentence and on a plea of guilty to possession of a controlled substance first degree (meth), the defendant would receive a three-year sentence to run concurrent for three years, pretrial diverted for four years with supervision and she agreed to be assessed for the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Patrick Eller.

The Commonwealth recommended dismissing the following: possession of marijuana, disorderly conduct second degree and fleeing or evading police first degree. On a plea of guilty to promoting contraband first degree, the defendant would receive a five year sentence, and guilty to assault third degree, a five year sentence to run concurrent for five years. The defendant would serve 60 days in jail with the balance probated for five years with supervision and pay fine and court costs of $405.00. Final sentencing has been scheduled for September 3.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Stephen M. Bell.

The Commonwealth recommended dismissing the following: criminal trespass third degree and one count of persistent felony offender second degree. On a plea of guilty to criminal mischief first degree and persistent felony offender second degree, the defendant would receive a six-year sentence and on a plea of guilty to theft by unlawful taking over $500 and persistent felony offender second degree, the defendant would receive a six and one-half-year sentence, to run consecutive for 12 and one-half years. The defendant would serve six months in jail with the balance probated for five years with supervision and pay restitution in the amount of $14,125.00.

Final sentencing is scheduled for September 3.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Garrett Gene Gabbard.

The Commonwealth recommended dismissing charges of criminal mischief third degree and criminal trespass second degree and on a plea of guilty to second degree burglary, the defendant would receive an eight-year sentence, probated for five years.

Final sentencing is scheduled for September 3.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. David Joe Johnson.

The Commonwealth recommended dismissing the following: wanton endangerment first degree and assault first degree (one count each), operating a motor vehicle on revoked or suspended license for DUI, possession of open alcoholic beverage container, improper registration plate, wanton endangerment first degree (two counts), no/expired registration plates and failure to maintain insurance.

The Commonwealth recommended amending the charge for first degree assault to second degree. On a plea of guilty to wanton endangerment first degree (one count), the defendant would receive a five year sentence and on a plea of second degree assault (one count), a five year sentence to run consecutive for 10 years, probated for five years. The defendant would serve six months in jail with the probation supervised. Also, on a plea of guilty to operating a motor vehicle while DUI, third offense, the defendant would receive a 90-day sentence to run concurrent with the six-month sentence and pay a fine of $500.00.

Final sentencing is scheduled for September 3.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William Perdue.

The Commonwealth recommended dismissing the following: tampering with physical evidence and persistent felony offender second degree. On a plea of guilty to possession of a controlled substance first degree (meth), the defendant would receive a three-year sentence, probated for three years, supervised and be assessed by a Social Service Clinician for rehabilitation treatment of a minimum of six months.

Final sentencing was scheduled for September 3.

* During a pretrial conference, in the case of Commonwealth vs. Gabrielle Nicole (Guthrie) Duvall, charged with manufacturing methamphetamine, complicity to burglary, possession of a meth precursor and some misdemeanor charges, a trial date was scheduled for October 10 and 11 with a pretrial conference on September 16.

* During a pretrial conference in the case of Commonwealth vs. Gabriel Lance Duvall, charged with possession of a controlled substance first degree (meth), possession second and third degree, persistent felony offender second degree and other charges, the court noted the trial date in the case remained scheduled for August 15.

* During a pretrial conference in the case of Commonwealth vs. Rachel M. Myers-Jackson, charged with complicity to burglary second degree, a trial date of September 17 was scheduled with a pretrial conference on September 3.

* During a pretrial conference in the case of Commonwealth vs. Timmy D. Neal, charged with criminal mischief first degree, arson third degree, burglary third degree, criminal trespass third degree, and theft by unlawful taking, the court noted the trial date in the case remains scheduled for August 20.

* During motion hour, in the case of Commonwealth vs. Cody H. Owens, charged with criminal trespass second degree, theft by unlawful taking and burglary third degree, the defendant did not appear and a warrant of arrest was issued. He was found to be in contempt of court for failing to pay his hospital bill for drug testing.

* During a revocation hearing in the case of Commonwealth vs. Carolyn Davidson, charged with engaging in organized criminal syndicate and receiving stolen property, the court found her to be in contempt of court and will remain in jail until September 16 when the court will hear a motion to revoke.

* During a pretrial conference, in the case of Commonwealth vs. Richard Lee Guthrie, charged with manufacturing meth first offense, persistent felony offender second degree and other drug-related offenses, based on the Commonwealth’s recommendation to revoke bond, the court ordered he be drug tested. The defendant tested positive for methamphetamine and the court revoked his bond.

* During a revocation hearing in the case of Commonwealth vs. Richard Luttrell, charged with burglary second degree, assault second degree and persistent felony offender second degree, the court held the defendant in contempt and sentenced him to 60 days, with the court to make a decision on revocation and he is to be assessed for a long-term rehabilitation center.

* During a hearing in the case of Commonwealth vs. Wesley Stewart, charged with tampering with physical evidence, receiving stolen property under $10,000 and engaging in organized criminal syndicate, a warrant of arrest was issued based on the defendant’s pretrial diversion violations.

* During sentencing, in the case of Commonwealth vs. Justin Brent Lester, charged with theft by unlawful taking, the defendant did not appear and a warrant of arrest was issued. Sentencing was continued until August 19.

* During a revocation hearing in the case of Commonwealth vs. Joshua A. Key, charged with theft by deception under $10,000, the defendant did not appear and a warrant of arrest was issued. The matter was continued to August 19.

* During a pretrial conference in the case of Commonwealth vs. Teresa L. Waid, charged with manufacturing methamphetamine first offense, possession of a controlled substance, meth, and other drug related charges, based upon a motion to revoke bond, the court requested the defendant be drug tested. She tested positive for cocaine, meth, opiates and benzodiazepines and the court revoked bond.

* During a revocation hearing in the case of Commonwealth vs. Jeremy Adam York, charged with disorderly conduct second degree, wanton endangerment first degree and persistent felony offender second degree, in lieu of revocation, the defendant is to serve 30 days of contempt and then be assessed regarding eligibility for drug court. The defendant has already served his 30-day sentence.

* During motion hour, in the case of Commonwealth vs. Brian A. Speck, charged with promoting contraband first degree and persistent felony offender second degree, the court denied the motion for shock probation.

A few other cases were on the docket in circuit court last week with some being continued for various reasons, some defendants were arraigned on charges, entering not guilty pleas and having pretrial conferences scheduled and a couple of inmates were not transported to court from out-of-county detention facilities.