Sentencing for a local man who had pled guilty to murder has been delayed and three out-of-state suspects charged with multiple counts of criminal possession of a forged instrument involving stolen or altered credit and debit cards were arraigned during the lengthy May 14 session of Clinton Circuit Court with Judge David L. Williams presiding.
During the scheduled sentencing of Michael E. Thompson, Judge Williams continued the sentencing until June 4 “if the co-defendant, Andrea Byler, enters a plea on that date,” according to court records. If no plea is entered, sentencing will be continued generally until after the co-defendant’s (Byler’s) trial.
The pair is accused in the October 2013 murder of Jimmy Sidwell, Jr., whose body was discovered underneath an unoccupied mobile home in south Albany. The victim died of multiple stab wounds, according to autopsy results.
Early this year, Thompson pled guilty to murder and other charges in an agreement with the Commonwealth and accepted a total 35-year prison sentence. A part of the plea agreement was his truthful testimony against his co-defendant, Andrea Byler.
Byler has had various trial dates already postponed, with the latest continuance being granted on April 9 during a pretrial conference.
A trio of Georgia residents who were arrested in Clinton County on March 19 and subsequently charged and indicted in relation to use of stolen credit and debit cards they used to make large purchases, primarily cigarettes for resale, also appeared in court last Thursday for arraignment.
Belane G. Makonnen, Star A. Brown and Sarr T. Babacar, all whose addresses were listed as being from Georgia, appeared with public advocacy attorney Brad Shuffett. Each defendant is charged with 20 counts of possession of a forged instrument second degree and each waived formal arraignment, entered not guilty pleas and the court set a pretrial conference for all three on July 9.
The following is a listing of cases in circuit court that had some type of resolutions reached, including sentencing, plea agreements, motion ruled on or trial dates scheduled.
* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Anthony W. Wilson.
The Commonwealth recommended dismissing the charge of trafficking in a controlled substance in or near a school (marijuana). Upon a plea of guilty to trafficking in marijuana less than eight ounces (three counts) and possession of drug paraphernalia, the defendant would receive a sentence for 45 days in jail and 45 days home incarceration. Upon a plea of guilty to trafficking in marijuana more than eight ounces, the defendant would receive a sentence of four years, probated for four years and would be entitled to work release with the supervision probated for one year. The defendant shall forfeit $21,000 to the Commonwealth and an additional $10,147 prior to final sentencing. A 2005 Pontiac Vibe shall be released to the defendant after final sentencing and guns seized released to a third party. Final sentencing is scheduled for June 4.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Steven R. Daniels.
Upon a plea of guilty to criminal possession of a forged instrument first degree, the defendant shall receive a sentence of five years, serve 55 days in jail, with the balance pretrial diverted for five years with supervision and pay $100 per month in restitution.
* Sentencing was held in the case of Commonwealth vs. Tarina R. Whited, pursuant to an agreement reached on April 9.
The defendant pled guilty to theft by unlawful taking or disposition (controlled substance) with a sentence of three years imposed, probated for three years with supervision and she will receive credit for any time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Nathaniel Johnson.
The Commonwealth recommended dismissing the charges of receiving stolen property (firearm) and persistent felony offender first degree (two counts). Upon a plea of guilty to possession of a handgun by a convicted felon, the defendant would serve five years, to run consecutive with another indictment in Clinton Circuit Court.
Final sentencing is scheduled for June 4.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Danny Holman.
Upon a plea of guilty to flagrant non-support, the defendant would receive a sentence of four years, pretrial diverted for five years or until arrearage is paid in full. He shall pay a monthly payment, regular and late support, totaling $351.00.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Kristy Harding.
Upon a plea of guilty to receiving stolen property (firearm), the defendant would receive a sentence of three years, pretrial diverted for three years, supervised by the state of Tennessee. She will serve 60 days home incarceration to be supervised.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Dwight J. Guffey.
The Commonwealth recommended dismissing the charge of possession of a controlled substance first degree and possession of drug paraphernalia. Upon pleading guilty to promoting contraband first degree and persistent felony offender second degree, the defendant would receive a sentence of six years, probated for five years, supervised, serve 76 days in jail and complete the Clinton County Drug Court Program.
Final sentencing is scheduled for June 4.
* During a case review, a plea agreement was reached in the case of Commonwealth vs. Garrett Gene Gabbard.
Upon a plea of guilty to flagrant non-support, the defendant would receive a two-year sentence, probated for five years or until arrearage are paid in full. Total support of regular and late payments would be $125 per month.
Final sentencing is scheduled for June 4.
* Sentencing was held in the case of Commonwealth vs. Joey L. Duvall, pursuant to a plea agreement reached on April 9.
The defendant pled guilty to receiving stolen property (firearm) with a one-year sentence imposed and guilty to possession of a handgun by a convicted felon with a five year sentence, to run consecutive for six years, probated for five years with supervision. The defendant shall receive credit for any time served and complete the Clinton County Drug Court Program.
* Sentencing was held in the case of Commonwealth vs. David A. Braswell, pursuant to an agreement reached on March 16.
The defendant pled guilty to unlawful use of an electric means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities with a sentence of three years imposed. The defendant shall serve 60 days with the balance probated for five years with supervision and have no contact with the victim or her family and receive credit for any time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jonathan M. Blaesing.
Upon a plea of guilty to assault first degree, the defendant would receive a 10-year sentence, serve 240 days in jail with the balance probated for five years, supervised and receive credit for any time served.
Final sentencing is scheduled for June 4.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Johnny M. Beaty.
Upon a plea of guilty to marijuana cultivation, more than five plants and persistent felony offender second degree, the defendant would receive a sentence of seven and one-half years, serve six months, with the balance probated for five years with supervision and agrees to be assessed by the Social Services Clinician.
Final sentencing is scheduled for July 9.
* Sentencing was held in the case of Commonwealth vs. Marvin D. Crowe, pursuant to an agreement effectuated on April 9.
The defendant pled guilty to criminal possession of a forged instrument second degree with a two year sentence imposed, probated for four years with supervision and he will receive credit for any time served and pay restitution.
Arraignments, trial dates, other:
* During arraignment in the case of Commonwealth vs. Jacob Stearns, charged with operating a motor vehicle under the influence, third degree assault, harassment, failure to maintain insurance and disorderly conduct second degree, the defendant entered a not guilty plea with a pretrial conference scheduled for July 9 and a trial date set for August 18.
* During a pretrial conference in the case of Commonwealth vs. Ricky Lee Duvall, charged with possession of a controlled substance (meth) and deliver/manufacture, a pretrial conference was set for June 4 and a trial date was scheduled for August 18.
* During a pretrial conference, in the case of Commonwealth vs. Tony Albertson, charged with two counts of receiving stolen property (firearm), a pretrial conference was scheduled for July 9 and trial date for August 18.
* During arraignment, in the case of Commonwealth vs. Cassie Hutchins, charged with receiving stolen property (firearm), a pretrial conference was set for June 4 and a trial date scheduled for July 8.
* During arraignment, in the case of Commonwealth vs. James Brian Abston, charged with receiving stolen property under $10,000 and persistent felony offender first degree, the defendant entered a plea of not guilty and had a pretrial conference set for July 9 and a trial date scheduled for July 24.
* During a pretrial conference in the case of Commonwealth vs. Sherry Redman, charged with trafficking in a controlled substance first offense, the trial date remains scheduled for July 8.
* During a pretrial conference, in the case of Commonwealth vs. Sherry Glidewell, charged with assault second degree and assault fourth degree, the matter remains set for trial June 24.
* During motion hour, in the case of Commonwealth vs. James L. Smith, charged with obscuring the identity of a machine, cultivation of five marijuana plants or more and receiving stolen property under $10,000, the court sustained a motion to continue the trial from May 19 to June 26.
* During scheduled sentencing in the case of Commonwealth vs. Lloyd Smith, charged with trafficking in a controlled substance second degree, second or subsequent offense and first degree trafficking, first offense, sentencing was continued to June 4.
* During motion hour, in the case of Commonwealth vs. Roxanne M. Smith, charged with cultivation of marijuana over five plants, obscuring the identity of a machine and receiving stolen property under $10,000, motion of trial continuance was granted from May 19 to June 4.
* During scheduled sentencing in the case of Commonwealth vs. Tommy E. Phillips, charged with theft by unlawful taking or disposition over $500 but less than $10,000 and persistent felony offender second degree, sentencing was continued to June 4.
* During scheduled sentencing in the case of Commonwealth vs. William R. Perdue, charged with manufacturing methamphetamine first offense and persistent felony offender second degree, sentencing was rescheduled for June 4.
* During arraignment, in the case of Commonwealth vs. Chad R. Guffey, charged with receiving stolen property under $10,000 and persistent felony offender second degree, the matter was continued for effectuation of service and the defendant was ordered placed in NCIC.
* During a case review in the case of Commonwealth vs. Matthew Cross, originally charged with possession of a forged instrument and forgery second degree, the court noted restitution had been paid in full and the matter shall be removed from the active docket.
* In the case of Commonwealth vs. Jennifer Lynn Crabtree, originally charged with abuse of a public trust, the court sustained a motion to expunge the matter from the record.
* During a revocation hearing, in the case of Commonwealth vs. Frankie Lee Booher, Jr., charged with flagrant non-support, the defendant did not appear and an order of arrest was issued.
A few other cases also came before the court last week, being continued for various reasons.