September term of Clinton Circuit Court held Tuesday

Posted September 11, 2013 at 2:26 pm

The first monthly term of Clinton Circuit Court was held last Tuesday, September 3 with Circuit Judge David L. Williams presiding over the court docket. Several individuals were formally sentenced, others reached plea agreements and some trial dates were scheduled, among other actions taken.

The following are cases in which some type of resolutions were reached and/or trial dates set:

* Sentencing was held in the case of Commonwealth vs. William Perdue, pursuant to an agreement effectuated on August 5.

The defendant pled guilty to possession of a controlled substance first degree (methamphetamine) with a three year sentence imposed, probated for three years with supervision. The defendant shall also be assessed by a Social Service Clinician for rehabilitation treatment for a minimum of six months and will receive credit for time served. The following charges were dismissed: tampering with physical evidence and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. William Matthew Reynolds, pursuant to an agreement effectuated on August 1.

The defendant pled guilty to burglary second degree with a 10-year sentenced imposed; guilty to criminal facilitation to manufacture methamphetamine with a five year sentence, to run concurrent for 10 years, probated for five years with supervision and pay restitution and will receive credit for time served. A charges of complicity to burglary second degree was dismissed.

* Sentencing was held in the case of Commonwealth vs. David Joe Johnson, pursuant to an agreement effectuated on August 5.

The defendant pled guilty to wanton endangerment first degree with a five year sentence imposed; guilty to assault second degree with a with a five year sentence, to run consecutive for 10 years, probated for five years with supervision. The defendant will serve six months with the balance probated for five years with supervision, pay restitution and receive credit for time served. The following charges were dismissed: one count of wanton endangerment first degree, one count of assault first degree and a misdemeanor judgment is to be entered on a charge of DUI, third offense, aggravating circumstances.

* Sentencing was held in the case of Commonwealth vs. Patrick Eller, pursuant to a plea agreement effectuated on August 5.

The defendant pled guilty to promoting contraband first degree with a five years sentenced imposed and guilty of assault third degree with a five year sentence, to run concurrent for five years. He will serve 60 days in jail with the balance probated for five years with supervision, pay court costs of $405 and receive credit for time served. Charges of possession of marijuana, disorderly conduct second degree and fleeing or evading police second degree were dismissed.

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

The defendant pled guilty to manufacturing methamphetamine with a 15-year sentenced imposed; guilty to complicity to burglary second degree (two counts) with a five year sentence on each count, with the three sentences to run concurrent for a total of 15 years. The defendant will serve six months with the balance probated for five years supervised, will pay restitution and receive credit for time served. Three counts of persistent felony offender were dismissed.

* Sentencing was held in the case of Commonwealth vs. Stephen M. Bell, pursuant to a plea agreement effectuated on August 5.

The defendant pled guilty to criminal mischief first degree and persistent felony offender second degree with a six year sentence imposed, and guilty to theft by unlawful taking more than $500 and persistent felony offender with a six and one-half year sentence, to run consecutive for 12 1/2 years. The defendant will serve six months with the balance probated for five years with supervision, pay restitution and receive credit for jail time served. Charge of persistent felony offender second degree (one count) and criminal trespass third degree were dismissed.

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

Under terms the plea, the following charges would be dismissed: possession of a controlled substance first degree (methamphetamine), possession of a meth precursor, possession of marijuana and possession of drug paraphernalia. On a plea of guilty to manufacturing meth, the defendant would receive a 10-year sentence with six months to serve with the balance probated for five years with supervision and enter the Clinton County Drug Court program.

Final sentencing is scheduled for October 21.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joshua E. Shaw.

Under terms of the agreement, the following charges would be dismissed: possession of a controlled substance 1st degree (methamphetamine), possession of a meth precursor, possession of marijuana and possession of drug paraphernalia. On a plea of guilty to manufacturing meth, the defendant would receive a 10-year sentence, would serve six months with the balance probated for five years with supervision and enter the Clinton County Drug Court program.

Final sentencing is scheduled for October 7.

* Sentencing was held in the case of Commonwealth vs. Garrett Gene Gabbard, pursuant to an agreement effectuated on August 5.

The defendant pled guilty to burglary second degree with an eight-year sentence imposed, probated for five years with supervision and will receive credit for time served. He will also pay restitution and charges of criminal mischief third degree and second degree were dismissed.

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

Under a plea of guilty to theft by unlawful taking over $500, the defendant would receive a five year sentence, probated for five years with supervision, would serve 104 days in jail, with that time credited for already served. The case shall also run concurrent with a separate indictment in Hart County.

Final sentencing is scheduled for October 7.

* 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 continued with a pretrial conference scheduled for October 21.

* During pretrial conference in the case of Commonwealth vs. Richard Lee Guthrie, charged with three counts of persistent felony offender, manufacturing methamphetamine and other drug related charges, a trial date of October 22 was set with a pretrial conference scheduled for October 7.

* During arraignment, in the case of Commonwealth vs. Christopher S. York, charged with theft by unlawful taking, burglary second degree, receiving stolen property under $500 and other offenses, the defendant, through his legal counsel Public Defender Angie Capps, entered a not guilty plea. A trial date of November 26 was set, with a pretrial conference scheduled for October 7.

* During motion hour, in the case of Commonwealth vs. Robert Grant Hurt, charged with convicted felon in possession of a firearm, manufacturing meth, distribution of a meth precursor and four counts of persistent felony offender, the court denied a motion for shock probation.

* During a hearing in the case of Commonwealth vs. Matthew Shelton, charged with cultivating marijuana over five plants, manufacturing meth and persistent felony offender second degree, the court granted the motion for shock probation “to the extent that the court reduced the defendant’s sentence to 20 years.”

* During motion hour in the case of Commonwealth vs. Ada Dicken, charged with two counts of wanton endangerment first degree, the court sustained the motion to dismiss, with an order being entered.

A few other cases came before the court last week, including one case in which a defendant was not transported from an out-of-county facility. Those cases were continued generally for various legal reasons.