July term of Circuit Court sees another heavy case load

Posted July 21, 2015 at 8:11 pm

The most recent session of Clinton Circuit Court, held Thursday, July 9, saw another very heavy docket with Judge David L. Williams presiding over a host of cases.

The following are cases in which some type of resolutions were reached, ruling made and/or trial dates in cases scheduled:

* Sentencing was held in the case of Commonwealth vs. Johnny M. Beaty, pursuant to a plea agreement reached on May 14.

The defendant pled guilty to marijuana cultivation of five or more plants and persistent felony offender second degree with a sentence of seven and one-half years imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve six months with the balance probated for five years with supervision, be assessed by the Social Services Clinician and follow any recommendations, and receive credit for any time served.

* Sentencing was held in the case of Commonwealth vs. Brian K. Marcum, pursuant to an agreement reached on June 6.

The defendant pled guilty to complicity to trafficking in a controlled substance (two counts) and a sentence of seven and one-half years imposed on each count, to run concurrently, probated for five years with supervision. The defendant shall be assessed by a Social Services Clinician and follow any recommendations, receive credit for any time served. Two counts of persistent felony offender were dismissed.

* During sentencing in the case of Commonwealth vs. Cassie Hutchins, charged with receiving stolen property (firearm), the defendant did not appear and was found to be in contempt of court. The defendant may purge herself of contempt by appearing for sentencing on August 13.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Gary Leon Booher.

The Commonwealth recommended dismissing charges of theft of a legend drug, theft by unlawful taking less than $500, fleeing or evading police second degree, disorderly conduct and burglary third degree. Upon an Alford plea to the charge of theft by unlawful taking less than $10,000, the defendant would receive a sentence of five years, probated for five years with supervision, and complete the Clinton County Drug Court Program as part of probation. He will receive credit for any time served.

Final sentencing is scheduled for August 13.

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

The Commonwealth recommended dismissing the charges of harassment, failure to maintain insurance and disorderly conduct. Upon a plea of guilty to operating a motor vehicle under the influence, the defendant agrees to pay a fine and court costs of $735 and upon a plea of guilty to assault third degree, receive a two year sentence, pretrial diverted for two years with supervision.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Janelle Faye Willis. Upon a plea of guilty to theft by unlawful taking over $500 (auto) and fraudulent use of a credit card, the defendant would receive a sentence of five years on each charge to run concurrent, pretrial diverted for five years with supervision.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William York. Upon a plea of guilty to flagrant non-support, the defendant shall receive a sentence of two years, pretrial diverted for two years supervised or until arrearage is paid in full. He will pay $500 per month regular child support, $200 in arrearage for a total of $700 monthly.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Allen Keith Booher. The Commonwealth recommended amending the charge of persistent felony offender first degree to second degree. Upon a plea of guilty to assault second degree and persistent felony offender second degree, the defendant would serve a 12-year sentence. The Commonwealth stated it will oppose probation.

Final sentencing is scheduled for August 13.

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

The Commonwealth recommended dismissing charges of unauthorized use of a vehicle and persistent felony offender second degree (three counts) and amending the charge of robbery first degree to tampering with physical evidence. The defendant shall serve a sentence of five years on each count to run concurrently for five years. Upon a plea of guilty to possession of a handgun by a convicted felon, the defendant shall receive a sentence of 10 years. The sentences will run concurrently for ten years to serve.

Final sentencing has been scheduled for August 13.

* During a pretrial conference in the case of Commonwealth vs. Anna Ruth Armstrong, charged with trafficking in a controlled substance first degree, first offense and two counts of trafficking third degree, the defendant’s bond was revoked upon receiving additional charges and the matter was continued until August 13.

* During a pretrial conference in the case of Commonwealth vs. Archie Boykin, charged with theft by unlawful taking and burglary second degree, the defendant’s bond was revoked with a pretrial conference scheduled for August 13.

* During a pretrial conference in the case of Commonwealth vs. Wesley Scott Stewart, charged with trafficking in a controlled substance first degree, first offense and trafficking third degree, the court revoked the defendant’s bond and scheduled a pretrial conference for August 13.

* During a pretrial conference in the case of Commonwealth vs. Brittney Latham, charged with promoting contraband first degree and persistent felony offender first degree, the defendant’s bond was revoked and a pretrial conference scheduled for August 13.

* During a pretrial conference in the case of Commonwealth vs. Steven Dewayne Posey, charged with convicted felon in possession of a handgun and persistent felony offender second degree, the defendant stated he had used marijuana and was placed into custody with the pretrial conference continued until August 13.

* During a pretrial conference in the case of Commonwealth vs. Brittney Wray, charged with trafficking in a controlled substance first degree, first offense, the court requested the defendant be drug tested. The defendant couldn’t produce and was taken into custody with the pretrial conference scheduled for August 13.

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

The Commonwealth recommended amending the charge of hindering prosecution first degree to second degree and amending the charge of fleeing or evading police first degree to second degree. Upon a plea of guilty to the lesser charges, the defendant would receive a 12-month sentence on each charge to run concurrently, probated for two years with supervision and a misdemeanor judgment was to be entered.

* During a pretrial conference in the case of Commonwealth vs. Belane G. Makonnen, Star A. Brown and Sarr T. Babacar, each charged with 20 counts of criminal possession of a forged instrument, the defendants shall be allowed to post ROR (released on own recognizance) bond. If the defendants are not picked up by Tennessee authorities by August 13, each would face a pretrial conference in Clinton Circuit Court.

* During a pretrial conference and motion for Bill of Particulars in the case of Commonwealth vs. Tommy Eugene Phillips, charged with forgery second degree, theft by unlawful taking $500 or more but less than $10,000 and three counts of persistent felony offender first degree, a trial date of August 26 was scheduled with a pretrial conference on August 13.

* During a pretrial conference and motion for Bill of Particulars in the case of Commonwealth vs. James Brian Abston, charged with receiving stolen property under $10,000, burglary third degree and persistent felony offender first degree, the defendant did not appear and a warrant of arrest was issued. The defendant is to be held without bond with a bond forfeiture hearing and pretrial conference scheduled for August 13. The trial scheduled for July 24 having been continued generally.

* During motion hour in the cases of Commonwealth vs. Thomas Aaron Roberts, originally charged with murder and burglary first degree and Phillip Roberts, originally charged with murder, burglary and persistent felony offender and later convicted on lesser charges, a motion for return of property was made on their behalf by their attorney, Bethany Stanziano with an order to be submitted.

* During a revocation hearing in the case of Commonwealth vs. Chancelor A. Britt, charged with four counts of wanton endangerment, leaving the scene of an accident and receiving stolen property under $10,000, the court concluded the defendant has violated the terms of shock probation and revoked same. The defendant shall be incarcerated to serve the balance of his sentence and shall receive credit for any time served.

* During a revocation hearing in the case of Brian Shane Burchett, charged with burglary third degree, assault fourth degree, wanton endangerment and two counts of second degree persistent felony offender, the court concluded the defendant had violated terms of his probation and revoked same. He will be incarcerated to serve the balance of his sentence and will receive credit for any time served.

* During motion hour in the case of Joshua Crawford, charged with public intoxication controlled substances, assault fourth degree (two counts) wanton endangerment and second degree persistent felony offender, the defendant acknowledged violating the terms of probation and same was revoked. He will receive credit for any time served.

* During motion hour in the case of Commonwealth vs. Misty Duvall, charged with criminal mischief and theft by unlawful taking, the court declined to revoke and ordered the defendant’s pretrial diversion be extended from three to five years with supervision.

* During motion hour in the case of Commonwealth vs. Amy Angel, charged with flagrant non-support, the defendant did not appear and she is to be placed in NCIC.

* During motion hour in the case of Shawn Wyatt Rowe, charged with flagrant non-support, the court wrote the defendant had absconded and is to be placed in NCIC.

* During motion hour in the case of Commonwealth vs. Joseph Paul Coop, charged with tampering with a prisoner monitoring device, possession of drug paraphernalia, convicted felon in possession of a handgun, cultivation of marijuana five or more plants, manufacturing meth, second degree escape and five counts of second degree persistent felony offender, the court denied a defense motion to reduce bond.

* In the case of Commonwealth vs. Ricky Lee Duvall, charged with possession of a controlled substance (meth) first offense and possession of drug paraphernalia, the trial scheduled for August 18 was continued generally with a pretrial conference scheduled for September 10.

* During a pretrial conference in the case of Commonwealth vs. Amanda Jean Madison, charged with trafficking in a controlled substance first offense, the trial date remains set for September 9.

* During a pretrial conference in the case of Commonwealth vs. Debora Faye Bell, charged with speeding 12 mph over the limit, possession of a controlled substance first degree, first offense and possession of marijuana and drug paraphernalia, the matter remains set for trial on September 9.

* During a pretrial conference in the case of Commonwealth vs. Albert E. Poore, Jr., charged with theft by deception under $10,000 and persistent felony offender second degree, the trial scheduled for August 26 was continued generally with a pretrial conference scheduled for October 8.

* During a review in the case of Commonwealth vs. Christina Harding, charged with receiving stolen property, the defendant was ordered to serve her 60 days in jail in lieu of home incarceration.

* During a pretrial conference in the case of Commonwealth vs. Adam Barnes, charged with theft by deception under $10,000, a motion to allow attorney David Cross to withdraw was overruled and the case remains scheduled for trial on August 18.

* During a pretrial conference in the case of Commonwealth vs. Jonathan M. Blaesing, originally charged with possession of a controlled substance and drug paraphernalia, the charges under the indictment were dismissed.

* During a review in the case of Commonwealth vs. Rebecca Daley, charged with flagrant non-support, the defendant did not appear and a warrant of arrest was issued.

Arraignments: The following are individuals who had actual trial dates scheduled during arraignment last week.

* Howard Woodson, charged with trafficking in a controlled substance second degree, first offense. Trial date scheduled for September 15 with a pretrial conference on August 13.

* David Vitatoe, charged with persistent felony offender second degree. Trial date scheduled for October 6 and pretrial conference for August 13.

* Bennie Smith, charged with trafficking in a controlled substance second degree, first offense. Trial date scheduled for August 18 with a pretrial conference August 13.

* Roger Daley, charged with trafficking in a controlled substance first degree, first offense. Trial date scheduled for September 15 and pretrial conference of August 13.

* Dickie Wallace, originally charged with flagrant non-support. The matter was dismissed.

Several other cases were on the docket last Thursday, including a few defendants who appeared for arraignment but had only preliminary court dates scheduled. Several cases were continued for review, other defendants had pretrial conference dates set, some cases were continued generally, two were released on surety bonds, one defendant was not transferred from an out-of-town detention center, one was to be evaluated by KCPC, one had pretrial diversion continued and one defendant was hospitalized.

The next session of Clinton Circuit Court, as well as the grand jury, is scheduled for August 13 at 9 a.m.