February term of Circuit Court sees heavy docket

Posted March 10, 2015 at 7:05 pm

A term of Clinton Circuit Court saw a heavy docket on February 12, 2015 with Circuit Judge David L. Williams presiding.

A pretrial conference was held in the case of Commonwealth vs. Andrea Byler, who is charged with murder in connection with the 2014 death of Jimmy Sidwell, Jr. She is also charged with first degree robbery and two counts of tampering with physical evidence.

A co-defendant in the case, Michael E. Thompson, has already entered a guilty plea in the case and accepted a total term of 35 years in prison.

During the court date last month, the court granted the Commonwealth’s motion for examination of the defendant and also denied a defense motion to lower the defendant’s bond. A pretrial conference in the case was scheduled for April 9.

Several defendants, including many who were charged in a recent drug-related investigation, were in court as well last month for arraignment purposes.

The following are cases in which some type of resolutions were reached, including sentencing and pleas, as well as trial dates being set, along with other proceedings.

* Sentencing was held in the case of Commonwealth vs. David Bryan Brown pursuant to a plea agreement reached on January 8.

The defendant pled guilty to theft by unlawful taking or disposition over $500 (four counts) with a sentence of five years on each count imposed to run concurrent and guilty to burglary third degree with a five year sentence. The two will run consecutive for 10 years. The defendant will serve nine months in jail with the balance probated for five years with supervision and receive credit for any jail time served.

* During a pretrial conference, sentencing was held in the case of Commonwealth vs. Christopher Charles Caruthers, pursuant to an agreement reached on January 8.

The defendant pled guilty to possession of a forged instrument (two counts) with a sentence of two years on each count to run concurrent for two years but consecutive with another case in Clinton Circuit Court. The defendant was ordered to serve the balance of the two-year sentence and receive credit for time served.

Charges of possession of drug paraphernalia and two counts of persistent felony offender were dismissed.

* Sentencing was held in the case of Commonwealth vs. Jesse Phillips, pursuant to an agreement reached on January 28.

The defendant pled guilty to unlawful taking or disposition more than $500 but less than $10,000 (two counts) with a sentence of five years on each count to run concurrent for five years. The defendant shall serve 135 days in jail with the balance probated for five years with supervision. He will receive credit for time served.

Charges of third degree burglary and criminal mischief first degree were dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Justin Joe Daley.

Upon a plea of guilty to receiving stolen property (firearm), the defendant shall receive a sentence of two years. He will serve 45 days in jail with the balance pretrial diverted for five years with supervision and will pay restitution, jointly and severally with a co-defendant, of $1,000.

* During a hearing in the case of Commonwealth vs. Gloria Brumley, charged with second degree trafficking in a controlled substance, first offense, the defendant acknowledged violating terms and conditions of probation, which was revoked and she will receive credit for any time served.

* During a revocation hearing in the case of Commonwealth vs. Garrett Gene Gabbard, charged with flagrant nonsupport, in lieu of revocation the court found the defendant to be in contempt of court and sentenced him to 30 days in jail.

* During motion hour in the case of Commonwealth vs. Jimmy K. Simmons, charged with multiple counts of theft by failure to make required disposition, the trial scheduled for February 16-17 was continued with a pretrial conference scheduled for July 9.

* During a pretrial conference in the case of Commonwealth vs. Tarina R. Whited, charged with theft by unlawful taking controlled substance, under $10,000, the trial scheduled for February 24 was continued with a pretrial conference rescheduled.

* During a hearing in the case of Commonwealth vs. Jennifer Lynn Crabtree, originally charged with abuse of a public trust over $10,000 but less than $100,000, the matter was dismissed/diverted.

* During a review in the case of Commonwealth vs. David Vitatoe, charged with flagrant nonsupport, the defendant did not appear and a warrant of arrest was issued.

* During arraignment in the case of Commonwealth vs. Jonathan Stuber, charged with possession of a controlled substance second degree (two counts), trafficking first degree, et al, the defendant entered a not guilty plea and was to have entered a plea and been sentenced on March 5.

(Note: The Clinton Circuit Court session that had been scheduled for last Thursday, March 5 was postponed due to inclement weather and rescheduled for next Monday, March 16.)

The following individuals were arraigned with pretrial conference and trial dates being scheduled:

* Marsha Ann Wright, theft or disposition of a controlled substance under $10,000, possession of marijuana, tampering with physical evidence, promoting contraband and three counts, persistent felony offender. Pretrial conference scheduled for April 9 with a trial date set for June 3.

* Lloyd Smith, trafficking in a controlled substance second degree, second or subsequent offense and trafficking first degree, first offense. Pretrial conference was scheduled for March 5 (postponed) with a trial date of May 19.

* Sherry Redman, trafficking in a controlled substance first degree, first offense. Pretrial conference May 14, trial date July 8.

* William Russell Perdue, manufacturing methamphetamine first offense and persistent felony offender second degree. Pretrial conference scheduled for March 5 (postponed) with a trial date set for April 1.

* Harold Wayne Parrigin, opiates first degree, first offense (two counts) and two counts persistent felony offender first degree. Pretrial conference April 9, trial date scheduled for July 8.

* Brian K. Marcum, trafficking in a controlled substance first degree, first offense (two counts) and two counts of second degree persistent felony offender. Pretrial conference April 9, trial date July 8.

* Brandy Lee Pitmann, trafficking in a controlled substance first degree, first offense. Pretrial conference April 9, trial date July 8.

* Willie Dyer, trafficking in a controlled substance first degree, first offense (two counts) and two counts of persistent felony offender second degree. Pretrial conference March 5 (postponed) with a trial date of April 14.

* Johnny M. Beaty, cultivation of five or more plants of marijuana, first offense and persistent felony offender second degree. Pretrial conference April 9, trial date set for June 24.

* Janet L.Ballew, trafficking in a controlled substance second degree, first offense and persistent felony offender second degree. Pretrial conference March 5 (postponed), trial date May 19.

*George H. Butler, Jr., trafficking in a controlled substance first degree, first offense and second degree persistent felony offender. Pretrial conference May 5 (postponed), trial date June 24.

* Jason Craig, trafficking in a controlled substance second degree, first offense and persistent felony offender first degree. Pretrial conference March 5 (postponed), trial date June 24.