Dyer murder trial set to begin next week

Another hearing took place last Monday, August 19 in the case against Ira Boles Dyer, III, who is charged with murder and other offenses in relation to an automobile accident.

During motion hour, in a second monthly term of Clinton Circuit Court, Judge David L. Williams ruled on some motions that had been made in the case.

The court overruled a motion to suppress some evidence but did rule there would be no mention at trial of an alleged misdemeanor charge.

The court also ruled that one of the witnesses in the case was a competent witness and further held in abeyance the motions regarding the competency of the child witnesses, as the court wrote, “If it appears at trial that the children will be called as witnesses, a hearing will be held at that time.”

The defendant is charged with murder in relation to an automobile accident that claimed the life of 79-year-old Ina Edwards in April of 2011 and resulted in the injury of other passengers involved in both vehicles.

According to court records, Dyer is scheduled to stand trial on the charges beginning Wednesday, September 4. The trial could take up to a week to ten days.

The court heard several other cases that were on the docket last week. The following are cases in which some type of resolutions were made and/or trial dates set.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Perry L.Wray.

The Commonwealth recommended dismissing charges of failure to maintain insurance; failure to transfer a motor vehicle; and no/expired registration plates. Upon a plea of guilty to three counts of wanton endangerment, the defendant would receive a sentence of five years on each count, to run concurrent for five years, pretrial diverted for five years with supervision and on a plea to DUI-first offense, he would pay a $200 fine and court costs. He would serve 20 days in jail with four days credit for time served and 30 days on supervised home incarceration.

* Sentencing was held in the case of Commonwealth vs. Jonathon Wray, pursuant to a plea agreement effectuated on July 15.

The defendant pled guilty to theft by deception under $500 with a five year sentence imposed. He will serve 42 days in jail with the balance probated for five years with supervision and receive credit for any time served.

* Sentencing was held in the case of Commonwealth vs. Justin Brent Lester, pursuant to a plea agreement effectuated on April 15.

The defendant pled guilty to theft by unlawful taking over $500 with a three year sentence imposed, probated for five years with supervision and he is to pay restitution and will receive credit for time served.

* During a pretrial conference, sentencing was conducted in the case of Commonwealth vs. Sidney Hagan Foster, pursuant to an agreement reached on July 15.

The defendant pled guilty to burglary-third degree with a four year sentence imposed. He will serve six months, with the balance probated for five years with supervision and shall enroll in an in-house rehabilitation center for a minimum of six months and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Donald Jerry Craft, pursuant to an agreement reached on July 15.

The defendant pled guilty to complicity to manufacture methamphetamine with a 10-year sentence imposed, to be probated for five years with supervision. He will serve six months in jail, be assessed for the Drug Court Program and received credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Randall L. Wilkinson, Jr., charged with burglary-second degree and criminal mischief-second degree, due to the defendant’s termination from drug court, the court revoked pretrial diversion and scheduled sentencing for September 16.

* During motion hour in the case of Commonwealth vs. J. Ted Mishler, charged with manufacturing meth-first offense and other charges, the court sustained a motion to consolidate cases, continued the trial date for October 22 and scheduled a pretrial conference for September 16.

* During motion hour, in the case of Commonwealth vs. Calvin J. Davis, charged with several counts of wanton endangerment and other offenses, the court sustained a motion to consolidate cases, continued the trial date for October 22 and scheduled a pretrial conference for September 16.

* During motion hour in the case of Commonwealth vs. Billy G. Brown, the court sustained a motion to consolidate cases, continued the trial date for October 22 and scheduled a pretrial conference for September 16.

* During a hearing in the case of Commonwealth vs. Jimmy L. McFall, charged with theft by unlawful taking or disposition, the defendant was placed on supervised probation.

* During a revocation hearing in the case of Commonwealth vs. Phillip W. Wooldridge, charged with fleeing or evading police and other charges, the prosecution withdrew its motion to revoke probation/diversion.

* During a hearing to enter a plea in the case of Commonwealth vs. Timmy D. Neal, charged with criminal mischief-first degree, arson-third degree and other offenses, the defendant did not appear. There is an active warrant of arrest in this matter, according to court records.

* During a pretrial conference, in the case of Commonwealth vs. Jerry B. Simpson, charged with first degree assault, the defendant did not appear and a warrant of arrest was issued.

Several other cases were on the docket last week, as some cases were continued for various reasons, and some inmates were not transported from out-of-county detention facilities.