Byler murder trial date continued; other court cases resolved

Posted April 14, 2015 at 7:20 pm

The trial of a local woman who is one of two defendants accused in relation to the October 2013 murder of Jimmy Sidwell, Jr. has again had her scheduled trial date delayed.

During a pretrial conference in Clinton Circuit Court Thursday, April 9, Circuit Judge David L. Williams continued the trial of Andrea Byler, who is charged with murder, first degree robbery and tampering with physical evidence.

Byler was scheduled to stand trial on the charges on April 27 but the date was continued and another pretrial conference scheduled for June 4 but a new trial date was not set last week.

A co-defendant in the case, Michael E. Thompson, who was also charged with murder in connection with Sidwell’s death, entered a plea with the Commonwealth on January 8 of this year and accepted a 35-year-sentence. Part of his agreement with the prosecution was his truthful testimony against Byler at her trial.

The two were originally to stand trial last October.

Sidwell was found stabbed to death underneath an unoccupied trailer home in south Albany, but police believe the murder actually occurred elsewhere and the body was placed underneath the home afterward.

Thompson is being represented by Attorney Thomas Carroll of Monticello while Commonwealth Attorney Jesse Stockton is prosecuting the case.

Several other cases were on the docket in Circuit Court last week with the following cases having some type of resolutions, such as sentencing, plea agreements, trial dates scheduled, etc.

* Sentencing was held in the case of Commonwealth vs. Willie Dyer, pursuant to an agreement reached on March 16.

The defendant pled guilty to trafficking in a controlled substance first offense and a sentence of six years was imposed. The defendant will receive credit for any time served and the following charges were dismissed: trafficking in a controlled substance first degree, first offense and two counts of persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Jason Craig, charged pursuant to a plea agreement reached on March 16.

The defendant pled guilty to trafficking in a controlled substance second degree and persistent felony offender second degree with a 7 1/2 year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence will be probated five years with supervision and he will receive credit for time served. The defendant will serve 90 days in jail and 120 days on home incarceration, supervised and be permitted to travel and be assessed by the social service clinician.

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

Upon an Alford plea to trafficking in marijuana, the defendant shall receive a sentence of two years and on a plea of guilty to marijuana cultivation, a sentence of two years to run concurrent for two years, pretrial diverted for three years and the forfeiture shall be held in abeyance until a ruling of the federal civil action.

* Sentencing was held in the case of Commonwealth vs. Janet L. Ballew, pursuant to an agreement reached on March 16.

The defendant pled guilty to trafficking in a controlled substance second degree and a sentence of three years imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 90 days in jail with the balance probated for three years with supervision and she will receive credit for time served. A charge of persistent felony offender second degree was dismissed.

* During a partial conference, a plea agreement was reached in the case of Commonwealth vs. Tommy E. Phillips.

The Commonwealth recommended dismissing the charge of persistent felony offender first degree and upon a plea of guilty to theft by unlawful taking or disposition over $500, the defendant would receive a five-year sentence, probated for five years with supervision and pay restitution at a rate of $250 per month.

Final sentencing is scheduled for May 14.

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

Upon a plea of guilty to trafficking in a controlled substance second degree, the defendant would receive a 2 1/2 year sentence and on a plea of guilty to trafficking first degree, a five year sentence for a total of 7 1/2 years. The defendant shall serve 120 days home incarceration with the balance probated for five years with supervision.

Final sentencing is scheduled for May 14.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Joey L. Dvuall.

Upon a plea of guilty to receiving stolen property (firearm), the defendant would receive a one year sentence and on a plea of guilty to possession of a handgun by a convicted felon, a five year sentence to run consecutive for six years, probated for five years and receive credit for time served. The defendant also agreed to be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for May 14.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Tarina R. Whited.

Upon a plea of guilty to theft by unlawful taking or disposition (controlled substance), the defendant would receive a three year sentence, probated for three years supervised.

Final sentencing is scheduled for May 14.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Marvin D. Crowe.

The Commonwealth recommended amending the charge of criminal possession of a forged instrument first degree to second degree, and upon a plea of guilty to the lesser charge, the defendant would receive a two-year sentence, probated for four years with supervision and pay restitution in the amount of $3,941.13.

Final sentencing is scheduled for May 14.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Brandy Lee Pitman.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a sentence of three years, pretrial diverted for five years with supervision and receive credit for time served and will be assessed for the Clinton County Drug Court program.

* During motion hour, in the case of Commonwealth vs. Jimmy Smith, charged with receiving stolen property under $10,000, the court granted the motion for shock probation. The defendant will be probated for five years with supervision.

* During a pretrial conference in the case of Commonwealth vs. Marsha Ann Wright, charged with trafficking in a controlled substance, possession of marijuana, tampering with physical evidence, promoting contraband and persistent felony offender, the court ordered that as further conditions for her bond, the defendant is not to operate a motor vehicle and be subject to random pill counts. Also, the trial scheduled for June 3 was “continued generally” and the defendant is to be evaluated by KCPC regarding competency to stand trial.

* During a pretrial conference in the case of Anthony W. Wilson, charged with trafficking in a controlled substance within 1,000 feet of a school, trafficking in marijuana less than eight ounces and possession of drug paraphernalia, the court withdrew a previous bench warrant and kept the trial date set for May 19.

* During a pretrial conference in the case of Commonwealth vs. Tony Albertson, charged with receiving stolen property (firearm), the trial date scheduled for April 14 was cancelled with a pretrial conference scheduled for May 14 and the court granted the Commonwealth’s motion for psychiatric examination.

* During motion hour, in the case of Commonwealth vs. Jonathan M. Blaesing, charged with first degree assault, a trial date of June 3 was scheduled with a pretrial conference on May 14.

* During arraignment, in the case of Commonwealth vs. Nathaniel Johnson, charged with receiving stolen property, convicted felon in possession of a firearm and persistent felony offender, the defendant entered a plea of not guilty with a pretrial conference being scheduled for May 14 and a trial date scheduled for July 8.

* During arraignment, in the case of Commonwealth vs. Dwight Junior Guffey, charged with possession of a controlled substance, promoting contraband, possession of drug paraphernalia and persistent felony offender, the defendant entered a plea of not guilty with a pretrial conference set for May 14 and a trial date scheduled for June 10.

* During arraignment, in the case of Commonwealth vs. Stephen R. Daniels, charged with criminal possession of a forged instrument, the defendant entered a plea of not guilty with a pretrial conference scheduled for May 14 and a trial date scheduled for June 10.

* During pretrial conferences in the cases of Roxanne Smith and James L Smith, each charged with cultivation of marijuana over five plants, receiving stolen property under $10,000 and obscuring the identity of a machine over $300, the trial date was kept for May 19 and the two cases were consolidated.

* During a pretrial conference in the case of Commonwealth vs. Robert N. Waid, charged with first degree rape, victim under 12 years of age, unlawful transaction with a minor and persistent felony offender, the defendant did not appear and a warrant of arrest was issued. The court also sustained a motion for discovery and inspection.

* During a revocation hearing in the case of Commonwealth vs. Shirley Gail Guffey, charged with endangering the welfare of a minor, tampering with physical evidence, controlled prescription not in original container, and possession of controlled substance, the defendant did not appear and a warrant of arrest was issued.

Several other cases were on the docket, with some defendants being scheduled for pretrial conferences, some arraigned with no actual trial date scheduled, some being entered into rehabilitation programs, some continued for effectuation of service, among other reasons.