Several cases, other than the case surrounding the murder charges against Michael E. Thompson and Andrea Byler, were on the Circuit Court docket last week. The following are cases in which some type of resolutions were reached and/or trial dates scheduled:
* Sentencing was held in the case of Commonwealth vs. Aaron Shearer, pursuant to a prosecution motion to revoke pretrial diversion on December 2.
On July 13, the defendant received a three-year sentence, pretrial diverted for three years on a charge of flagrant nonsupport. The court determined the defendant had violated the terms and conditions of the pretrial diversion and revoked same and pronounced the three-year sentence with the defendant to receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Ricky Dewayne Jones, pursuant to an agreement effectuated on July 15.
The defendant pled guilty to burglary third degree with a one-year sentence imposed, to run consecutive with another circuit court indictment. The defendant will receive credit for time served and a charge of persistent felony offender first degree was dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Timmy D. Neal.
The Commonwealth recommended dismissing the following charges: criminal trespass third degree (two charges); criminal mischief first degree; (two charges) theft by unlawful taking or disposition and persistent felony offender second degree (two counts), and arson third degree.
Upon a plea of guilty to theft by unlawful taking over $500 and persistent felony offender second degree, the defendant would receive a 10-year sentence and on a plea of guilty to burglary third degree and persistent felony offender second degree (under a separate indictment), a 10-year sentence, to run concurrent for 10 years. The defendant would serve six months in jail with the balance probated for five years with supervision and receive credit for 133 days served. He will also pay restitution in the amount of $14,125.
Final sentencing is scheduled for February 13, 2014.
* A plea agreement was reached in the case of Commonwealth vs. Marshall Scott Speer. The Commonwealth recommended dismissing charges of possession of burglar’s tools and persistent felony offender second degree.
On a plea of guilty to burglary second degree, the defendant would receive a 10-year sentence, serve 180 days in jail with the balance probated for five years with supervision and receive credit for time served. The defendant also agrees to leave Kentucky for the duration of the sentence and reside in New Mexico with 15 days of final sentencing, which is scheduled for January 6, 2014.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Misty Duvall. The Commonwealth recommended dismissing a charge of criminal mischief first degree.
Upon a plea of guilty to theft by unlawful taking over $500, the defendant shall receive a three-year sentence, pretrial diverted for three years supervised and agrees to be assessed for the Clinton County Drug Court Program and pay restitution in the amount of $3,430.00. Further, the Commonwealth agreed not to indict on a possession of a controlled substance first degree charge that had been pending.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Stephanie Myers. The Commonwealth recommended dismissing charges of public intoxication, possession of drug paraphernalia and trafficking in a controlled substance first degree (meth).
Upon a plea of guilty to one count of possession of a controlled substance first degree (meth), the defendant would receive a three-year sentence, pretrial diverted for three years supervised and be assessed for the Clinton County Drug Court Program.
A status hearing was scheduled for January 6, 2014.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Eric Ray Storie. The Commonwealth recommended dismissing a charge of possession of a controlled substance not in original container.
Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall receive a sentence of three years, pretrial diverted for three years with supervision and be assessed for the Clinton County Drug Court Program.
A status hearing is scheduled for February 13, 2014.
* During a revocation hearing in the case of Commonwealth vs. Thurman Barnes, charged with two counts of first degree wanton endangerment, fleeing or evading first degree and reckless driving, the defendant acknowledged he had been terminated from the Drug Court program and the court revoked pretrial diversion and scheduled final sentencing for January 6, 2014.
* During a revocation hearing in the case of Commonwealth vs. Otis Eugene Glidewell, charged with cultivation of marijuana over five plants, the defendant acknowledged he had violated the conditions of pretrial diversion. The court revoked pretrial diversion and scheduled final sentencing for January 6, 2014.
* During arraignment in the case of Commonwealth vs. Robert Leslie Smith, charged with theft by unlawful taking, receiving stolen property, burglary third degree and three counts of persistent felony offender first degree, the defendant entered a not guilty plea and the court scheduled a trial date for March 5, 2014 and a pretrial conference for February 13.
* During a pretrial conference in the case of Commonwealth vs. Brandon J. Smith, charged with possession of a controlled substance first degree, possession third degree, first offense, burglary third degree, receiving stolen property under $10,000, theft by unlawful taking second degree persistent felony offender, and controlled substance prescription not in original container, the court cancelled the February 12, 2014 trial date and rescheduled it for March 5, 2014 with a pretrial conference February 13.
* During a pretrial conference in the case of Commonwealth vs. Jerry B. Simpson, charged with first degree bail jumping and first degree assault, a trial date was scheduled for March 5, 2014 with a pretrial conference on February 13.
* During arraignment, in the case of Commonwealth vs. Nathan Myers, charged with two counts of fourth degree assault, burglary second degree and criminal abuse second degree, the defendant entered a plea of not guilty and a trial date of February 12, 2014 was scheduled with a pretrial conference set for January 6.
* During scheduled sentencing in the case of Commonwealth vs. Nathaniel Johnson, charged with flagrant nonsupport, sentencing was continued to January 6, 2014.
* During a review, in the case of Commonwealth vs. Brandon L. Mason, charged with flagrant nonsupport, the defendant did not appear and a warrant of arrest was issued.
* During a revocation hearing in the case of Commonwealth vs. Justin Brent Lester, charged with theft by unlawful taking, the defendant did not appear and he is to be placed in NCIC.
Some other cases were continued for various reasons.