The final 2014 term of Clinton Circuit Court was held Thursday, December 11 with a host of cases on the docket with Circuit Judge David L. Williams presiding.
Two defendants charged with murder in the death of local resident Jerry Sidwell, Jr., 18, earlier this year, had a pretrial conference. In the case of both Michael E. Thompson and Andrea Byler, the only action taken in court was the scheduling of another pretrial conference for each defendant on January 8 and February 12 at 9 a.m.
Both are charged with murder, first degree robbery and tampering with physical evidence in relation to Sidwell’s death. Thompson is represented by public defendant Brad Shuffett while Byler is represented by Monticello attorney Tom Carroll. The case is being prosecuted by Commonwealth Attorney Jesse Stockton.
The following are cases in which some type of resolutions were made, rulings issued and/or trial dates scheduled in upcoming cases:
* During a competency hearing in the case of Commonwealth vs. James Earl Brumley, the defendant stipulated to competency and reached a plea agreement with the Commonwealth.
The Commonwealth recommended dismissing the following charges: receiving stolen property (two counts) and persistent felony offender (two counts). Upon a plea of guilty to possession of a firearm by a convicted felon (two counts) the defendant would receive a sentence of four years on each count, and on a plea of guilty to receiving stolen property and persistent felony offender second degree (two counts each), a sentence of seven years would be imposed to run concurrent. The four-year and seven year sentence would run consecutively for a total of 11 years, probated for five years with supervision.
The defendant shall receive credit for 356 days jail time and shall have credit for time served, thus having said jail time served by the entry of the plea, shall be released from custody. Final sentencing is scheduled for January 8.
* Sentencing was held in the case of Commonwealth vs. William Pate, pursuant to a plea agreement effectuated on November 3.
The defendant pled guilty to an amended charge of assault second degree with a five-year sentence imposed, guilty to an amended charge of burglary third degree with a five-year sentence, with the two to run concurrent for five years. The defendant will receive credit for any time already served.
* Sentencing was held in the case of Commonwealth vs. Jonathon A. Stuber, pursuant to a prosecution motion to revoke probation heard on November 3.
The defendant entered a guilty plea to possession of a controlled substance first degree (meth) with a three-year sentence imposed. He will receive credit for any time already served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tony Phillips.
Upon a plea of guilty to flagrant nonsupport, the defendant would receive a three-year sentence, pretrial diverted for three years unsupervised and pay a total of regular and back arrearage child support in the amount of $361.00 per month.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Roger Stevens.
Upon a plea of guilty to flagrant nonsupport, the defendant would receive a sentence of five years, supervised and pay total child support, regular and arrearage of $542.00 per month. Final sentencing is scheduled for January 8.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Nick Posey.
Upon a plea of guilty to flagrant nonsupport, the defendant shall receive a four-year sentence, pretrial diverted for four years unsupervised as long as the defendant stays current on child support, which will total $300 per month in regular and late arrearage payments.
* During a revocation hearing in the case of Commonwealth vs. Wesley Stewart, charged with tampering with physical evidence, receiving stolen property under $10,000 and engaging in organized crime-criminal syndicate, the court found the defendant to be in contempt of court and sentenced him to 13 days in jail.
* During motion hour (to revoke probation) in the case of Commonwealth vs. Sylvia J. Ferguson, charged with two counts of wanton endangerment operating a motor vehicle under the influence and other traffic violations, in lieu of revocation, the court found the defendant to be in contempt of court and sentenced her to 30 days in jail. The defendant is to be assessed regarding eligibility for Drug Court, and if so, the contempt sentence would be suspended.
* During motion hour (to revoke probation) in the case of Commonwealth vs. Samuel Taylor Sheffield, charged with three counts of wanton endangerment and operating a motor vehicle under the influence, a revocation hearing was scheduled for February 12. The defendant was found to be in contempt of using alcohol and shall remain in jail and serve contempt time until his revocation hearing.
* During motion hour (to revoke probation) in the case of Commonwealth vs. Calvin Jamie Davis, charged with giving officer false name, fleeing or evading, criminal mischief, tampering with physical evidence, possession of a meth precursor, manufacturing meth, first offense, possession of a controlled substance and several counts of wanton endangerment, in lieu of revocation, the court found the defendant to be in contempt of court and ordered him to serve 90 days in jail with work release and the defendant shall have credit for time served.
* During motion hour (to revoke probation) in the case of Commonwealth vs. Gabrielle N. Duvall, charged with fleeing or evading, reckless driving, criminal mischief, possession of a meth precursor and other traffic violations, in lieu of revocation the defendant is to be assessed regarding eligibility for Drug Court.
* During motion hour in the case of Commonwealth vs. Charlie Kay York, charged with burglary, criminal mischief and two counts of persistent felony offender, the court overruled a motion for shock probation.
* During motion hour in the case of Commonwealth vs. Steven Waid, charged with criminal mischief third degree, complicity to theft by unlawful taking (shoplifting) $10,000 or more and persistent felony offender, the court took the motion under advisement and the defendant will be assessed by the Social Service Clinician to determine his eligibility for the Kentucky Recovery Home.
* During motion hour, in the case of Commonwealth vs. Jeffery Lynn Mason, charged with receiving stolen property, the court granted the motion for shock probation. The defendant shall be probated for five years with supervision.
* During a review in the case of Commonwealth vs. Kyle Matthews, charged with burglary third degree and assault fourth degree, a trial date of April 15 was scheduled with a pretrial conference February 12.
* During a pretrial conference in the case of Commonwealth vs. Nicholas V. Cash, charged with theft by unlawful taking, convicted felon in possession of a firearm and two counts of persistent felony offender, a trail date of January 6 was scheduled with a pretrial conference January 8.
* During a pretrial conference 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) and possession of drug paraphernalia, a trial was scheduled for May 19-20 with a pretrial conference on February 12.
* During motion hour, in the case of Commonwealth vs. William Preston Cook, charged with cultivation of marijuana five plants or more and possession of marijuana, a trial date was scheduled for April 15 with a pretrial conference set for February 12.
* During a pretrial conference in the case of Commonwealth vs. Justin Joe Daley, charged with receiving stolen property, a pretrial conference was scheduled for February 12 and a trial date set for April 14.
* During a pretrial conference in the case of Commonwealth vs. Tony Albertson, charged with two counts of receiving stolen property, a pretrial conference was set for February 12 and a trial date scheduled for April 14.
* During a pretrial conference in the case of Commonwealth vs. Jimmy K. Simmons, charged with five counts of failure to make required disposition, a trial date remains set for February 16-17.
* During arraignment, in the case of Commonwealth vs. Christopher Charles Caruthers, charged with two counts each of possession of a forged instrument and persistent felony offender and one count each of possession of drug paraphernalia and theft by unlawful taking under $500, the defendant, through counsel, entered a plea of not guilty, with a pretrial conference scheduled for February 12 and a trial date set for April 15.
* During arraignment, in the case of Commonwealth vs. David A. Braswell, charged with prohibited use of an electronic communication system to procure a minor for illegal activity, the defendant, through counsel, entered a plea of not guilty with a pretrial conference scheduled for February 12 and a trial date set for April 14.
* During a pretrial conference, in the case of Commonwealth vs. Amanda Shaw, originally charged with criminal possession of a forged instrument, the matter was dismissed with prejudice.
Several other cases were on the docket for December, with cases being continued for various reasons and some defendants were arraigned with only pretrial conference dates being scheduled at this time.