Clinton Circuit Court, Grand Jury have sessions last Thursday

Posted October 15, 2014 at 1:47 pm

The Clinton County Grand Jury convened and the monthly term of Clinton Circuit Court was held last Thursday, October 9 with Judge David L. Williams presiding over a heavy court calendar. The true bills handed down by the grand jury were also heard in open circuit court during the session.

— Grand Jury: The grand jury returned the following indictments last week:

* The alleged offenses of rape first degree; unlawful transaction with a minor; and two counts of persistent felony offender against Robert Waid, when on or about August 6, the defendant, being over 21 years of age, engaged in sexual intercourse with a minor less than age 16, and engaged in sexual activity with a minor under 16 and committed the offenses after having been found guilty of a prior felony offense within the last five years.

* The alleged offenses of burglary third degree; assault fourth degree; wanton endangerment first degree; and two counts of persistent felony offender against Brian Shane Burchett, when on or about August 14, the defendant entered or remained unlawfully in the residence of Clifton Groce, Jr. with the intent to commit a crime; caused physical injury and manifesting extreme indifference to human life, wantonly engaged in conduct by forcefully pushing open a door while a minor child five years of age was peering through a window, throwing the child to the floor, and committed the offenses after having been convicted of a prior felony offense within the past five years.

* The alleged offense of burglary second degree against William Pate, when on or about September 11, defendant entered or remained unlawfully in the dwelling belonging to Crystal Barlow with the intent to commit a crime.

* The alleged offense of flagrant nonsupport against Jammie Helm when on or abut December 8, 2008 through October 9, 2014, defendant failed to pay support for his minor child or children, said failure to pay having resulted in an arrearage of $1,436.33 as of October 9.

(Editor’s Note: An indictment is a statement of probable cause to believe an offense has been committed and further court proceedings are warranted. Individuals named in an indictment are presumed innocent unless proven guilty in court.)

— Circuit Court: The October term of Clinton Circuit Court was held last Thursday before Judge David L. Williams. The following are cases in which some type of resolutions or rulings were made and/or trial dates set.

* Sentencing was held in the case of Commonwealth vs. Jimmy Smith, pursuant to a motion to revoke the defendant’s pretrial diversion, heard on September 11 and sustained by the court.

The defendant was found guilty of receiving stolen property under $10,000 and a sentence of three years was imposed. The court ordered he serve the balance of the sentence and receive credit for any jail time served.

* Sentencing was held in the case of Commonwealth vs. Marcus Wayne Booher, pursuant to a plea agreement effectuated on September 11.

The defendant was found guilty of tampering with physical evidence with a five-year sentence imposed. Pursuant to the recommendation by the Commonwealth, he will serve 100 days with the balance probated for five years with supervision. Further, upon a plea of guilty to menacing under a separate indictment, the defendant will pay a fine and court costs of $235 within 90 days and will be assessed for the Clinton County Drug Court program. Under terms of the plea, the following charges were dismissed: disorderly conduct, promoting contraband, assault second degree and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Joshua Crawford, pursuant to a plea agreement effectuated on September 11.

The defendant pled guilty to wanton endangerment first degree and persistent felony offender second degree with a seven and one-half year sentence imposed. Pursuant to the agreement, the sentence will be probated for five years with supervision and receive credit for any time served. The following charges were dismissed: public intoxication and two counts of fourth degree assault.

* Sentencing was held in the case of Commonwealth vs. Harold Race, pursuant to a plea agreement effectuated on September 11.

The defendant pled guilty to flagrant nonsupport and a five-year sentence was imposed, probated for five years with supervision, with the defendant to pay child support as outlined in the agreement. The defendant will serve six months and have credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Stephen M. Bell, charged with criminal mischief, criminal trespass, theft by unlawful taking or disposition and three counts of second degree persistent felony offender, the defendant acknowledged he violated the conditions of his probation and the court granted the motion to revoke. He will receive credit for any jail time served.

* During sentencing, in the case of Commonwealth vs. William Pate, charged with first degree assault, the court declined to accept the plea offered by the Commonwealth and scheduled a pretrial conference for November 13.

* During motion hour, in the case of Commonwealth vs. Jeremy Adam York, charged with disorderly conduct, wanton endangerment and persistent felony offender second degree, the court overruled a defense motion for shock probation.

* During motion hour, in the case of Commonwealth vs. Richard Luttrell, charged with burglary second degree, assault second degree and persistent felony offender second degree, the court overruled a defense motion for shock probation.

* During arraignment, in the case of Commonwealth vs. Jimmy Simmons, charged with five counts of theft by failure to make required disposition, the defendant entered a plea of not guilty and a trial date of February 16 and 17, 2015 was scheduled with a pretrial conference on December 11.

* During arraignment, in the case of Commonwealth vs. Nicholas V. Cash, the defendant entered a plea of not guilty and a trial date of January 6, 2015 was scheduled with a pretrial conference on November 13.

* During arraignment, in the case of Commonwealth vs. Jesse Phillips, charged with burglary third degree, criminal mischief first degree and two counts of theft by unlawful taking (auto), the defendant entered a plea of not guilty and a trial date of February 16, 2015 was scheduled and a pretrial conference is set for December 11.

(Note: Several other defendants appeared for arraignment on charges, all entering pleas of not guilty, with no trial dates set, but pretrial conferences only being scheduled.)

* During a pretrial conference, in the case of Commonwealth vs. Christopher C. Ayers, charged with sexual abuse first degree, the trial scheduled for November 12 was continued and a pretrial conference is set for November 13.

* During a review (to see if he has paid $405) in the case of Commonwealth vs. Patrick Eller, originally charged with promoting contraband, assault third degree, possession of marijuana, disorderly conduct and fleeing or evading police, the court issued a criminal summons requiring the defendant to be present in court on November 13.

* During a revocation hearing, in the case of Commonwealth vs. Johnnie Kenneth Duvall, Jr., charged with flagrant nonsupport, the defendant did not appear and he will be placed in NCIC.

* During a revocation hearing in the case of Commonwealth vs. Karla Renee Thurman, charged with possession of a controlled substance and drug paraphernalia, the defendant did not appear and an arrest warrant was issued with the court stipulating that the defendant be drug tested at the time of incarceration.

* During a revocation hearing in the case of Commonwealth vs. Tony Lowhorn, originally charged with theft by unlawful taking and criminal trespass, the Commonwealth withdrew its motion to revoke.

Several other cases were heard by the court and continued for various reasons, with some defendants having pretrial conferences scheduled and some were not transported from out-of-county facilities on the scheduled court date.

The next sessions of both the Clinton County Grand Jury and Circuit Court are schedule for Thursday, November 13 at 9 a.m.