August term of Clinton Circuit Court

Posted September 3, 2014 at 2:07 pm

The monthly term of Clinton Circuit Court was conducted on Thursday, August 14 with Circuit Judge David L. Williams presiding over a host of cases.

The following are cases in which some type of resolutions were made, including sentencing, plea agreements, trial dates being scheduled, etc.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Matthew Cross. The Commonwealth recommended dismissing charges of second degree forgery (two counts). Upon a plea of guilty to criminal possession of a forged instrument, second degree (two counts), the defendant would receive a two-year sentence on each count to run concurrent for two years, pretrial diverted for two years unsupervised and will pay restitution in the amount of $318.00 within 90 days.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Betty Sue Anderson. The Commonwealth recommended amending the charge of criminal mischief first degree to second degree and upon a plea of guilty to the lesser charge, the defendant would receive a 12-month sentence, probated for two years unsupervised and pay restitution of $200.00. A misdemeanor judgment was entered.

* During a revocation hearing in the case of Commonwealth vs. Matthew Martin Hall, charged with sexual abuse first degree (two counts), in lieu of revocation the defendant shall serve six months and then apply to a sex offender treatment program. If he does not enroll, his probation would be revoked.

* During arraignment, an agreement was reached in the case of Commonwealth vs. Kathy Lee Waid. The Commonwealth recommended dismissing charges of possession of drug paraphernalia and marijuana. Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a sentence of three years and on a plea of guilty to endangering the welfare of a minor, a sentence of 12 months to run concurrent for three years, probated for four years with supervision. She would also pay restitution of $180.00 within 120 days.

* During a case review, a plea agreement was reached in the case of Commonwealth vs. Ashley McCusker. Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a two-year sentence, pretrial diverted for two years with supervision.

* During arraignment in the case of Commonwealth vs. Marcus Wayne Booher, charged with menacing, promoting contraband second degree, tampering with physical evidence, assault third degree and disorderly conduct second degree, the defendant entered a plea of not guilty and the court scheduled trial date for November 19 with a pretrial conference on September 11.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Timothy Hammond. Upon a plea of guilty to flagrant nonsupport, the defendant was given a five-year sentence, pretrial diverted for five years unsupervised, or until arrearage is paid in full. He was ordered to pay child support in the amount of $400 per month.

* During a revocation hearing in the case of Commonwealth vs. Steven Waid, charged with criminal mischief third degree theft by unlawful taking (shoplifting) $10,000 or more and second degree persistent felony offender, the defendant acknowledged he had been terminated from the Clinton County Drug Court Program, a condition of probation. The court revoked probation and credited the defendant for any time already served.

* During arraignment, in the case of Commonwealth vs. Christopher C. Ayers, charged with sexual abuse 1st degree, the defendant entered a plea of not guilty. A trial date of November 12 was scheduled with a pretrial conference October 9.

* During motion hour, in the case of Commonwealth vs. Garrett Gene Gabbard, charged with flagrant nonsupport, the Commonwealth withdrew its motion to revoke and a review was scheduled for December 11.

* During arraignment in the case of Commonwealth vs. Amanda Shaw, charged with criminal possession of a forged instrument first degree, the defendant entered a plea of not guilty and a trial date of December 3 was scheduled with a pretrial conference on October 9.

* During a case review, in the case of Commonwealth vs. Kyle Matthews, charged with burglary third degree and assault fourth degree, the trial scheduled for September 10 was continued.

* During arraignment in the case of Commonwealth vs. William Pate, charged with first degree assault, the defendant entered plea of not guilty, with a trial date of October 21 being scheduled and a pretrial conference on September 11.

* During scheduled sentencing in the case of Commonwealth vs. Robert Leslie Smith, charged with theft by unlawful taking, receiving stolen property under $10,000, burglary third degree and three counts of 1st degree persistent felony offender, sentencing was continued to September 11.

* During arraignment in the case of Commonwealth vs. Anthony W. Wilson, charged with trafficking in a controlled substance within 1,000 feet of a school, trafficking in marijuana less than eight ounces (three counts, first offense) and possession of drug paraphernalia, the defendant entered a plea of not guilty with a trial date of November 19 being set and a pretrial conference October 9.

* During a pretrial conference in the case of Commonwealth vs. Jonathan M. Blaesing, charged with assault first degree, the trial scheduled for September 10 was continued, with the defendant released on bond under home incarceration.

* During a pretrial conference in the case of Commonwealth vs. Shannon Herald, charged with burglar third degree, theft by unlawful taking (two counts, auto) and first degree criminal mischief, the defendant did not appear and a warrant of arrest was issued, with the September 10 trial date continued.

Several other cases came before the court in August, including one continuance for a competency hearing, a few motions sustained for destruction of evidence in cases, some defendants were arraigned, entering not guilty pleas and having pretrial conference dates only scheduled. Other cases were continued for various reasons.