September sees another heavy Clinton Circuit Court calendar

Posted September 17, 2014 at 1:52 pm

The monthly term of Clinton Circuit Court was held last Thursday, September 11 with Circuit Judge David L. Williams presiding over a heavy docket. The following are cases in which some type of resolutions were reached.

* Sentencing was conducted in the case of Commonwealth vs. Robert Leslie Smith, pursuant to an agreement effectuated on June 12.

The defendant pled guilty to burglary third degree and persistent felony offender second degree with a 10-year sentence imposed, and guilty to theft by unlawful taking more than $500 and persistent felony offender second degree in a separate indictment, with a 10-year sentence, to run concurrent for a total of 10 years. The defendant will receive credit for any time served and charges of persistent felony offender first degree and receiving stolen property under $10,000 were dismissed.

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

The Commonwealth recommended dismissing charges of public intoxication and assault fourth degree (two counts.). Upon a plea of guilty to wanton endangerment first degree and persistent felony offender second degree, the defendant shall receive a sentence of seven and one-half years, probated for five years with supervision with credit for time served. He will also be assessed by the Social Service Clinician and have no contact with the victims.

Following entry of the plea, the court requested the defendant be drug tested. He tested positive for methamphetamine and was taken into custody. The matter shall be reviewed on November 19 for the court to decide whether the defendant’s plea shall be set aside.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Marcus Wayne Booher.

The Commonwealth recommended dismissing charges of disorderly conduct, promoting contraband and third degree assault, and under a separate indictment, persistent felony offender second degree. Upon a plea of guilty to tampering with physical evidence, the defendant would receive a five-year sentence, serve 100 days, with the balance probated for five years with supervision and he would receive credit for time served. Upon a plea of guilty to menacing he would pay a fine and court cost of $235. The defendant will receive credit for time served and volunteered to be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for October 9.

During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Shannon Herald.

The Commonwealth recommended dismissing charges of burglary second degree and theft by unlawful taking over $500 (two counts) and further recommended amending the charge of criminal mischief first degree to second degree. Upon a plea of guilty to criminal mischief second degree, the defendant would receive a 12-month sentence, serve 120 days with the balance probated for two years with supervision. The defendant shall serve 120 days in lieu of revocation to run concurrent for a total of 120 days and shall be assessed for the Clinton County Drug Court Program and agrees to truthfully testify in a separate case pending in Clinton Circuit Court.

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

The Commonwealth recommended amending the charge of assault first degree to second degree. Upon a plea of guilty to assault second degree, the defendant would receive a five-year sentence, probated for five years with supervision and have no contact with the victim. He would receive credit for time served.

Final sentencing is scheduled for October 9.

* Sentencing was held in the case of Commonwealth vs. Kathy Lee Waid, pursuant to a plea agreement effectuated on August 14.

The defendant pled guilty to possession of a controlled substance with a three-year sentence imposed and guilty to endangering the welfare of a minor with a 12-month sentence, to run concurrent for three years, probated for four years with supervision. She will received credit for time served and charges of possession of drug paraphernalia and marijuana were dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Frankie Lee Booher, Jr.

Upon a plea of guilty to flagrant nonsupport, the defendant shall receive a sentence of two years, pretrial diverted for five years, supervised, or until child support and arrearage is paid in full.

* During a plea trial conference, a plea agreement was reached in the case of Commonwealth vs. Quincy Roderick Mason.

Upon a plea of guilty to flagrant nonsupport, the defendant shall receive a sentence of two years, pretrial diverted for five years or until support and arrearage is paid in full.

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

Upon a plea of guilty to flagrant nonsupport, the defendant would receive a sentence of five years, probated for five years with supervision or until support and arrearage is paid in full.

* During motion hour, in the case of Jimmy Smith, charged with receiving stolen property under $10,000 the defendant acknowledged he was terminated from the Clinton County Drug Court Program and his pretrial diversion was revoked with final sentencing scheduled for October 9.

* During motion hour in the case of Commonwealth vs. Amber York, charged with tampering with physical evidence, the Court concluded the defendant had violated terms of her probation and revoked same and pronounced sentence. She shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Johnnie Kenneth Duvall, Jr. charged with flagrant nonsupport, the defendant did not appear and an arrest warrant was issued. Also, the court sustained the motion to withdraw Attorney David Cross and relieved him as counsel of record.

Several other cases were brought before the court, with some being continued for various reasons. Some defendants appeared for arraignment on charges, entering pleas of not guilty and having pretrial conference dates set.