Circuit Court docket was heavy last week

Posted October 30, 2013 at 2:15 pm

A term of Clinton Circuit Court was held last Monday, October 21 with a very heavy docket presided over by Circuit Judge David L. Williams.

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

* Sentencing was held in the case of Commonwealth vs. Randall L. Wilkinson, Jr., pursuant to a Commonwealth motion to revoke probation. The Commonwealth had recommended pretrial diversion for four years on third degree burglary charges. On August 20, the court revoked the pretrial diversion because the defendant had been terminated from the Drug Court Program. The defendant was formally sentenced to four years and given credit for time served.

* Sentencing was held in the case of Commonwealth vs. Teresa L. Waid, pursuant to an agreement reached on September 3.

The defendant pled guilty to manufacturing meth with a 10-year sentence imposed. She will serve six months with the balance probated for five years with supervision and will be assessed for the Drug Court Program. The following charges were dismissed: possession of a controlled substance (meth), possession of a meth precursor, possession of marijuana and possession of drug paraphernalia.

* Sentencing was held in the case of Commonwealth vs. Joshua E. Shaw, pursuant to an agreement reached on September 3.

The defendant pled guilty to manufacturing meth with a 10-year sentence imposed, probated for five years with supervision and he will be assessed for the Drug Court Program. Charges of possession of a controlled substance (meth), possession of a meth precursor, possession of marijuana and possession of drug paraphernalia were dismissed.

* Sentencing was held in the case of Commonwealth vs. Christopher Posey pursuant to a plea agreement reached September 3.

The Commonwealth recommended that upon 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. He would serve 104 days in jail and receive credit for time served. Further, the sentence would run concurrent with a Hart County indictment.

* Sentencing was held in the case of Commonwealth vs. Christopher L. Flanagan, pursuant to an agreement reached on June 17.

The defendant pled guilty to burglary third degree with a five year sentence imposed, to run consecutive with a Pulaski County Circuit Court case for a total of eight years. The defendant will receive credit for time served. Charges of theft by unlawful taking and two counts of persistent felony offender were dismissed.

* Sentencing was held in the case of Commonwealth vs. Gabriel Lance Duvall, pursuant to an agreement reached on August 13.

Upon a plea of guilty to possession of a controlled substance first degree (meth), the defendant would receive a three year sentence, on a plea of guilty to possession of a meth precursor, a four-year sentence and upon a plea of guilty to possession of drug paraphernalia, a 12-month sentence to run concurrent, with all other sentences to run consecutive for seven years, probated for five years with supervision. The defendant will receive credit for time served and pay court costs of $300. The following charges were dismissed: possession of a controlled substance not in original container; possession of a controlled substance second and third degree and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Amy Angel, pursuant to a motion to revoke probation on September 16. The court found the defendant guilty of flagrant nonsupport and a sentence of four years was imposed, probated for five years with supervision. The defendant will be assessed by a Social Service Clinician and receive credit for time served.

* In the case of Commonwealth vs. Chancelor A. Britt, charged with four counts of wanton endangerment, leaving the scene of an accident and receiving stolen property under $10,000, sentencing was passed until November 18 and the defendant will be assessed by a Social Service Clinician and Drug Court.

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

The Commonwealth recommended dismissing the following charges: burglary second degree, public intoxication, receiving stolen property under $500, criminal trespass first degree and criminal mischief third degree. Upon a plea of guilty to two counts of theft by unlawful taking, the defendant would receive a five-year sentence on each count to run concurrent, probated for five years with supervision and receive credit for 33 days served.

Final sentencing is scheduled for November 18.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Richard Lee Guthrie.

The Commonwealth recommended dismissing the following: possession of a meth precursor; possession of a controlled substance first degree; possession of drug paraphernalia; possession of marijuana; persistent felony offender and three counts of first degree sexual abuse. Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 30-year sentence, serve 11 years and 20 days with the balance probated for 10 years supervised and complete a minimum one-year at a rehabilitation center.

Final sentencing is scheduled for November 18.

* During a pretrial conference in the case of Commonwealth vs. Rachel M. Myers-Jackson, originally charged with complicity to burglary, the prosecution moved to dismiss the case, with an order to be tendered.

* During a pretrial conference, in the case of Commonwealth vs. Christopher Pierce, originally charged with flagrant nonsupport, the court ordered the case dismissed.

* During a revocation hearing in the case of Commonwealth vs. Christopher Charles Caruthers, charged with possession of marijuana, possession of drug paraphernalia and second degree unlawful transaction with a minor, the defendant did not appear and a warrant of arrest was issued.

* During a revocation hearing in the case of Commonwealth vs. Jeffery Clark, charged with flagrant nonsupport, the court concluded the defendant had violated the terms and conditions of pretrial diversion but did not revoke same. The defendant is to remain on supervised pretrial diversion.

* During a revocation hearing in the case of Commonwealth vs. Rhonda Wright, charged with engaging in an organized crime syndicate and receiving stolen property under $10,000, the court found the defendant had violated the terms and conditions of pretrial diversion but declined to revoke same. In lieu of revocation, the defendant shall serve an additional 15 days.

* During a revocation hearing in the case of Commonwealth vs. Patricia Rains Jones, charged with second degree trafficking in a controlled substance and endangering the welfare of a minor, the prosecution withdrew its motion to revoke and the defendant will be assessed by a Social Service Clinician.

* During a revocation hearing in the case of Commonwealth vs. Cody H. Owens, charged with second degree criminal trespass, theft by unlawful taking and burglary third degree, the court concluded the defendant had violated the terms of probation and the same was revoked. The defendant was sentenced to three years and will receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Otis Eugene Glidewell, charged with cultivation of marijuana over five plants, first offense, the defendant did not appear and an arrest warrant was issued.

* During a case review, in Commonwealth vs. Calvin Jamie Davis, a plea agreement was reached.

The Commonwealth recommended dismissing the following charges: giving police a false name/address, fleeing or evading first degree (on foot), possession of a meth precursor, tampering with physical evidence, possession of a controlled substance first degree (meth) and wanton endangerment first degree.

Upon a plea of guilty to one count of wanton endangerment first degree, the defendant would receive a five-year sentence and upon a plea of guilty to criminal mischief first degree, a five-year sentence for a total of 10 years, probated for five years with supervision. The defendant would serve six months in jail and have credit for time served and pay restitution in the amount of $3,665.00. Also under the terms of the plea, the defendant is to testify against co-defendants in event of a trial.

Formal sentencing is scheduled for December 2.

* During a case review, a plea agreement was reached in Commonwealth vs. Billy G. Brown.

The Commonwealth recommended dismissing the following: possession of a meth precursor and manufacturing methamphetamine. Upon a plea of guilty to possession of a controlled substance first degree (meth), the defendant would receive a three-year sentence, pretrial diverted for three years with supervision and agree to testify against co-defendants in the event of a trial.

* Ricky Neal Whitley was arraigned on charges of disorderly conduct first degree; unlawful imprisonment first degree; and several counts each of wanton endangerment first degree and third degree terroristic threatening. The defendant entered a not guilty plea and the court set a pretrial conference for November 4 and a trial date for November 26.

* Brandon J. Smith was arraigned on charges of third degree burglary, receiving stolen property and three counts of second degree persistent felony offender. The defendant entered a not guilty plea and the court set a pretrial conference for December 16 and a trial date for February 12.

* Tony D. Lowhorn was arraigned on charges of receiving stolen property, burglary third degree and persistent felony offender first degree. The defendant entered a not guilty plea and the court scheduled a pretrial conference for December 16 and set a trial date for April 23, 2014.

* Joseph Paul Coop was arraigned on charges of receiving stolen property and two counts of second degree persistent felony offender. The court sustained a motion to consolidate the cases and an order was tendered dismissing a charge of one count of persistent felony offender.

The defendant entered a not guilty plea on the other charges and the court set a pretrial conference for January 6 and a trial date of February 26, 2014.

* Buddy R. Longwell was arraigned on charges of operating a motor vehicle under the influence, driving DUI on a suspended license and two counts of second degree persistent felony offender. The defendant entered a not guilty plea and the court set a pretrial conference for December 2 and a trial date for February 26.

* Bobby Wayne Pillar was arraigned on the charge of flagrant nonsupport, entered a not guilty plea and the court set a pretrial conference for November 4 and a trial date for November 26.

* During a case review in the case of Commonwealth vs. J. Ted Mishler, charged with manufacturing meth first offense, possession of a controlled substance first degree and possession of a meth precursor, the court scheduled a trial date for November 13.

Also during circuit court last week, two brothers charged with murder in last year’s death of Frank Perdue, had motions heard.

Phillip Roberts is charged with murder and second degree persistent felony offender and his older brother, Thomas Aaron Roberts, charged with murder and first degree burglary, had an agreed order by the court on a motion for the release of certified copies of both defendants’ medical records. A few other cases were on last Monday’s docket and were postponed for various reasons, while other defendants had future court proceeding dates scheduled.