June session of Clinton Circuit Court has heavy docket

Posted July 15, 2015 at 2:03 pm

The Clinton County Circuit Court calendar for the long session held on June 4, 2015 has been released, with Circuit Judge David L. Williams presiding over a host of cases, including many cases in which defendants appeared for arraignment.

Some defendants were formally sentenced and others entered into plea agreements.

The following are cases in which some type of resolutions were reached, as well as cases where defendants had actual trial dates scheduled at arraignment.

* Sentencing was held in the case of Commonwealth vs. Lloyd Smith, pursuant to a plea agreement effectuated on April 9.

The defendant entered a plea of guilty to trafficking in a controlled substance second degree with a two and-one-half year sentence imposed and trafficking first degree with a five year sentence imposed, to run consecutively for seven and-one-half years.

Under terms of the plea, the defendant will serve 120 days home incarceration with the balance probated for five years with supervision and shall receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. William Russell Perdue pursuant to an agreement effectuated on May 6.

The defendant pled guilty to manufacturing methamphetamine with a 12-year sentence imposed. Pursuant to the plea agreement, the defendant will serve six months in jail with the balance probated for five years with supervision, enter and complete the Clinton County Drug Court Program and receive credit for time served.

In accordance with the agreement, the charge of persistent felony offender second degree was dismissed.

* Sentencing was held in the case of Commonwealth vs. Nathaniel Johnson, pursuant to an agreement effectuated on May 14.

The defendant pled guilty to possession of a handgun by a convicted felon with a five year sentence imposed. The Commonwealth opposed probation. The defendant shall receive credit for jail time served and under terms of the plea, charges of receiving stolen property and two counts of persistent felony offender were dismissed.

* Sentencing was held in the case of Dwight Junior Guffey pursuant to a plea agreement effectuated on May 14.

The defendant pled guilty to promoting contraband first degree and persistent felony offender second degree with a six year sentence imposed. Upon recommendation of the Commonwealth, the defendant shall serve 76 days in jail with the balance of the sentence probated for five years with supervision and shall complete the Clinton County Drug Court Program. He will receive credit for any time served and charges of possession of a controlled substance first degree and possession of drug paraphernalia were dismissed.

* Sentencing was held in the case of Commonwealth vs. Garrett Gene Gabbard, pursuant to an agreement effectuated on May 14.

The defendant pled guilty to flagrant non-support with a two-year sentence imposed. Upon recommendation of the Commonwealth, the sentence shall be probated for five years or until all arrearages are paid in full. The defendant will receive credit for time served.

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

The Commonwealth recommended dismissing the charges of marijuana cultivation and obscuring the identity of a machine. Upon a plea of guilty to receiving stolen property more than $500 but less than $10,000, the defendant would receive a sentence of five years, pretrial diverted for five years and be assessed for the Clinton County Drug Court Program. If not accepted, the Commonwealth reserved the right to withdraw the plea. The defendant also agreed to pay $2,812 in restitution.

* A plea agreement was reached in the case of Commonwealth vs. Brian K. Marcum.

The Commonwealth recommended dismissing the charges of persistent felony offender (two counts). Upon a plea of guilty to complicity to trafficking in a controlled substance first degree (two counts) the defendant would receive a sentence of seven and one-half years on each count to run concurrently, probated for five years with supervision and the defendant would receive credit for time served.

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

Upon a plea of guilty to receiving stolen property (firearm), the defendant would receive a sentence of five years, serve 120 days in jail with the balance probated for five years, and she would receive credit for time served.

Arraignments: The following individuals were arraigned, all entering pleas of not guilty with trial dates scheduled:

* Brittney Wray, charged with trafficking in a controlled substance. Not guilty plea entered. Trial date scheduled for October 6.

* Jennifer C. Wilson, charged with manufacturing meth first offense, trafficking in a controlled substance and possession of controlled substance and drug paraphernalia. Not guilty plea entered. Trial date scheduled for October 6.

* Janelle F. Willis, charged with theft by unlawful taking and fraudulent use of credit card. Not guilty plea entered. Trial date scheduled for September 9.

* David W. Vitatoe, charged with manufacturing meth, possession of meth and drug paraphernalia, criminal mischief third degree and possession of radio that sends/receives police messages. Not guilty plea entered. Trial date scheduled for October 6.

* Richard D. Thompson, charged with failure to surrender revoked license, possession of a controlled substance (meth), possession of marijuana and drug paraphernalia. Not guilty plea entered. Trial date scheduled for July 9.

* Wesley S. Stewart, charged with trafficking in a controlled substance first and third degree. Not guilty plea entered. Trial date scheduled for July 9.

* Jennifer Stockton, charged with trafficking in a controlled substance first degree (meth) and possession of marijuana and drug paraphernalia. Not guilty plea entered. Trial date scheduled for September 9.

* Albert E. Poore, Jr., charged with theft by deception, cold checks under $10,000 and persistent felony offender second degree. Not guilty plea entered. Trail date scheduled for August 26.

* Kyle Norris, charged with intimidating a participant in legal process. Not guilty plea entered. Trial date scheduled for September 9.

* Amanda Jean Glidewell, charged with trafficking in a controlled substance first degree first offense. Not guilty plea entered. Trial date scheduled for September 9.

* Brittney Latham, charged with promoting contraband and persistent felony offender first degree. Not guilty plea entered. Trial date scheduled for September 23.

* Irvin Wayne Jones, charged with trafficking in a controlled substance first offense (meth). Not guilty plea entered. Trial date scheduled for August 26.

* Randall G. Hicks, charged with possession of a handgun by convicted felon, manufacturing meth, cultivation of marijuana five or more plants, possession of drug paraphernalia and operating a motor vehicle on suspended license. Not guilty plea entered. Trial date scheduled for October 5 and 6.

* Patricia Sue Hardin, charged with forgery second degree, theft by unlawful taking or disposition over $500 but less than $10,000 (two counts). Not guilty plea entered. Trial date scheduled for August 26.

* Chad Ray Guffey, charged with receiving stolen property and persistent felony offender second degree. Not guilty plea entered. Trial date scheduled for September 9.

* Joseph Paul Coop, charged with tampering with monitoring device, possession of drug paraphernalia, convicted felon in possession of a handgun, cultivation of marijuana five plants or more, manufacturing meth first offense, escape second degree and five counts of persistent felony offender second degree. Not guilty plea entered. Trial date scheduled for October 5 and 6.

* Dewayne Allen Brown, charged with burglary third degree and theft by unlawful taking over $500 but under $10,000. Not guilty plea entered. Trial date scheduled for August 26.

* Danny Shawn Brown, charged with theft of legend drug first offense, theft of controlled substance under $10,000, criminal mischief first degree and burglary third degree. Not guilty plea entered. Trial date scheduled for September 23.

* Archie Boykin, charged with theft by unlawful taking and burglary second degree. Not guilty plea entered. Trial date scheduled for August 26.

* Gary L. Booher, charged with theft of legend drug first offense, theft of controlled substance under $10,000, burglary third degree, disorderly conduct second degree, theft by unlawful taking and fleeing or evading police second degree. Not guilty plea entered. Trial date scheduled for August 26.

* Debora Faye Bell, charged with possession of a controlled substance (meth) first degree, possession of marijuana and drug paraphernalia and speeding 12 mph over limit. Not guilty plea entered. Trial date scheduled for September 9.

* Deana Sue Bell, charged with cultivation of marijuana five or more plants, manufacturing meth first offense and possession of drug paraphernalia. Not guilty plea entered. Trial date scheduled for October 5 and 6.

* Adam Barnes, charged with theft by deception, cold checks under $10,000. Not guilty plea entered. Trial date scheduled for August 18.

Other cases where action was taken:

* During motion hour, in the case of Commonwealth vs. Christina Harding, charged with receiving stolen property, the court sustained a motion for incarceration with the defendant held on a $50,000 cash bond.

* During review, in the case of Commonwealth vs. Timothy Hammond, charged with flagrant non-support, the defendant was found in contempt of court and sentenced to 30 days in jail or to purge the contempt by paying a $500 fine.

* During motion hour, in the case of Commonwealth vs. Robert N. Waid, charged with rape first degree/victim under 12, persistent felony offender second degree and unlawful transaction with a minor first degree, the defendant did not appear. There is an active warrant out for the defendant’s arrest.

* During arraignment, in the case of Commonwealth vs. Jacob R. Daley, originally charged with disorderly conduct and two counts of assault third degree, the matter was dismissed without prejudice.

Some other defendants were arraigned on charges without a trial date being scheduled, at least one defendant was not transferred from an out-of-county facility, some cases were continued generally, some motions were granted for bond reduction and some pretrial conference and/or sentencing dates were rescheduled.

(Note: The monthly term of Clinton Circuit Court was held last Thursday, July 9. However, the court docket for that session had not been released as of press time Tuesday.)