A very busy term of Clinton Circuit Court was held August 13 with Judge David L. Williams presiding. The following are cases in which some type of resolutions were reached, ruling made and/or trial dates scheduled.

* In the case of Commonwealth vs. Andrea Byler, charged with murder, robbery first degree and two counts of tampering with physical evidence in relation to the death of Jimmy Sidwell Jr., a suppression hearing was scheduled for Monday, September 14.

* During a pretrial conference in the cases of Commonwealth vs. Star A. Brown, Sarr T. Babacar and Belane G. Makonnen, all Georgia residents charged locally with 20 counts each of criminal possession of a forged instrument second degree in relation to a credit card theft scheme, it was noted all three defendants have been extradited to Tennessee to face charges there and the cases here were continued generally.

* During motion hour in the case of Commonwealth vs. James Brian Abston, a plea agreement was reached.

The Commonwealth recommended dismissing the charges of receiving stolen property over $500 and persistent felony offender first degree under one indictment and recommended amending a charge of persistent felony offender first degree to second degree under another indictment.

Upon a plea of guilty to burglary third degree and persistent felony offender second degree, the defendant would receive a 10 year sentence and upon a plea of guilty to receiving stolen property over $500, the defendant would receive a sentence of four years, to run consecutively for fourteen years. The Commonwealth stated it would oppose probation.

Final sentencing was scheduled for September 10.

* Sentencing was held in the case of Commonwealth vs. Allen Keith Booher, pursuant to an agreement effectuated on July 9.

The defendant pled guilty to assault second degree and persistent felony offender second degree with a 12-year sentence imposed. The Commonwealth opposed probation. The defendant will receive credit for any time served.

* Sentencing was held in the case of Commonwealth vs. Randall Wilkinson, pursuant to an agreement effectuated on July 9.

The defendant pled guilty to tampering with physical evidence (two counts) with a five year sentence imposed, and guilty of possession of a handgun by a convicted felon with a 10-year sentence imposed. Pursuant to the recommendation by the Commonwealth the sentences will run concurrent for a total of 10 years. The Commonwealth opposed probation.

The defendant will receive credit for any time served and charges of unauthorized use of a vehicle and persistent felony offender second degree (three counts) were dismissed.

* During a pretrial conference, an agreement was reached in the case of Commonwealth vs. Danny Shawn Brown.

The Commonwealth recommended dismissing the charges of theft of a legend drug and criminal mischief first degree. Upon a plea of guilty to theft by unlawful taking over $500 and third degree burglary, the defendant received a five year sentence to run concurrent for five years. He will serve 45 days in jail with the balance pretrial diverted for five years with supervision and be assessed by the Social Service Clinician and pay restitution in the amount of $1,428.01.

* Sentencing was held in the case of Commonwealth vs. Carolyn Davidson, pursuant to a motion by the Commonwealth to revoke pretrial diversion, with a hearing being held on March 16, in which the court determined the defendant had violated the terms of pretrial diversion.

The defendant was found guilty of receiving stolen property under $10,000 with a five year sentence imposed and will receive credit for any time served.

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

The Commonwealth recommended amending the charge of persistent felony offender first degree to second degree and amending charges of persistent felony offender (three counts) first degree to second degree (three counts) under a separate indictment.

Upon a plea of guilty to theft by unlawful taking over $500 and persistent felony offender second degree, the defendant would receive a 10-year sentence. Upon a plea of guilty to forgery second degree and persistent felony offender second degree the defendant would receive a 10-year sentence and upon a plea of guilty to theft by unlawful taking over $500 (two counts) the defendant would receive a 10-year sentence on each charge to run concurrent. The defendant shall serve 180 days with the balance probated for five years with supervision and pay restitution in the amount of $4,000.

Final sentencing was scheduled for September 10.

* Sentencing was held in the case of Commonwealth vs. James L. Smith, pursuant to a trial conducted on June 26.

The defendant was found guilty of obscuring the identity of a machine having value of over $500 and recommended a one-year sentence and guilty of marijuana cultivation, five plants or more with a one-year sentence recommendation and also guilty of receiving stolen property over $500 with a one-year sentence.

Pursuant to the recommendation of the jury, the three sentences shall run concurrently in part and consecutively in part for a total of two years. The Commonwealth opposed probation. The defendant will receive credit for time served.

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

The Commonwealth recommended dismissing the charges of possession of drug paraphernalia and possession of marijuana. Upon a plea of guilty to possession of a controlled substance first degree (methamphetamine), the defendant shall receive a one-year sentence. The Commonwealth will oppose probation.

Final sentencing is scheduled for September 10.

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

The Commonwealth recommended dismissing the following charges, possession of a controlled substance first degree, possession of marijuana, possession of drug paraphernalia, criminal mischief third degree and possession or use of a radio capable of sending or receiving police messages. The Commonwealth further recommended dismissing the charge of persistent felony offender.

Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a sentence of 15 years. The defendant shall serve 11 months in jail with the balance of the sentence probated for five years with supervision and receive credit for time served.

Final sentencing was scheduled for September 10.

* Sentencing was held in the case of Commonwealth vs. Anthony W. Wilson.

The Commonwealth recommended dismissing the trafficking in a controlled substance in or near a school (marijuana). Upon a plea of guilty to trafficking in marijuana less than eight ounces and possession of drug paraphernalia, the defendant shall receive a sentence of four years, pretrial diverted for four years with supervision for one year.

The defendant shall forfeit $21,000 to the Commonwealth of Kentucky. In lieu of forfeiture, $10,852 is currently being held by KSP DESI West. The defendant shall pay an additional $10,147 to the Commonwealth and the buy money of $1,200 will be distributed between the Commonwealth Attorney’s Office (15 percent) and 85 percent to KSP DESI West and all involving agencies.

* Sentencing was held in the case of Commonwealth vs. Gary Leon Booher, pursuant to an agreement effectuated on July 9.

The defendant pled guilty to theft by unlawful taking less than $10,000 with a five year sentence imposed. The sentence shall be probated for five years with supervision and the defendant is to enroll in and complete the Clinton County Drug Court program. The following charges were dismissed, theft of a legend drug, theft of unlawful taking less than $500, fleeing or evading police second degree, disorderly conduct second degree and burglary third degree.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Irvin Wayne Jones.

The Commonwealth recommended amending the charge of trafficking in a controlled substance first degree to unlawful possession of a methamphetamine precursor. Upon a plea of guilty to the amended charge, the defendant would receive a five year sentence, pretrial diverted for five years with supervision and he will be assessed for the Clinton County Drug Court program.

* Sentencing was held in the case of Commonwealth vs. Cassie Hutchins, pursuant to a plea agreement effectuated on June 4.

The defendant pled guilty to receiving stolen property (firearm) with a five year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 120 days on home incarceration with the balance of the sentence probated for five years with supervision and will receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Cathy S. Duvall.

The Commonwealth recommended dismissing the charge of complicity to trafficking in a controlled substance third degree. Upon a plea of guilty to complicity to trafficking in a controlled substance second degree, the defendant would receive a three year sentence, serve 60 days home incarceration with the balance probated for five years with supervision.

During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Anna Ruth Armstrong.

The Commonwealth recommended dismissing the charge of trafficking in a controlled substance third degree (two counts). Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a sentence of one year to serve. The Commonwealth stated it would oppose probation and the defendant agrees to stipulate to her pretrial diversion violation.

Final sentencing was scheduled for September 10.

* During a review, an agreement was reached in the case of Commonwealth vs. Adam Barnes.

Upon a plea of guilty to theft by deception, the defendant shall receive a two year sentence, pretrial diverted for two years with supervision and pay restitution of $800.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Amanda Jean Madison.

The Commonwealth recommended amending the charge of trafficking in a controlled substance first degree to facilitation to traffic in a controlled substance first degree. Upon a plea of guilty to the amended charge, the defendant would receive a 12-month sentence, probated for two years with supervision and pay a fine and court cost in the total amount of $260 within 60 days.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Steven Dewayne Posey.

The Commonwealth recommended dismissing the charge of persistent felony offender second degree. Upon a plea of guilty to possession of a firearm by a convicted felon, the defendant would receive a five year sentence, probated for five years with supervision.

Final sentencing was scheduled for September 10.

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

The Commonwealth recommended amending the charge of trafficking in a controlled substance second degree to facilitation to traffic in a controlled substance second degree. The defendant shall receive a sentence of 12 months, probated for two years with supervision and pay court costs and fines totaling $260 within 60 days.

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

Upon a plea of guilty to flagrant non-support, the defendant would receive a sentence of three years, pretrial diverted for four years or until all arrearages are paid in full. The diversion shall be supervised and the defendant will pay regular and arrearage payments totaling $260 per month.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jennifer Caroline Wilson.

The Commonwealth recommended dismissing the following charges; manufacturing methamphetamine, possession of drug paraphernalia and possession of a controlled substance first degree. The Commonwealth further recommended amending the charge of trafficking in a controlled substance first degree to unlawful possession of a meth precursor. Upon a plea of guilty to the amended charge, the defendant would receive a five year sentence, pretrial diverted for five years and be assessed for eligibility to the Clinton County Drug Court program.

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

The Commonwealth recommended amending the charge of trafficking in a controlled substance first degree to unlawful possession of a methamphetamine precursor. Upon a plea of guilty to the amended charge, the defendant would receive a five year sentence, pretrial diverted for five years with supervision and be assessed for the Clinton County Drug Court program and receive credit for any time served.

* During motion hour, in the case of Commonwealth vs. Wesley Stewart, charged with tampering with physical evidence, receiving stolen property under $10,000 and engaging in organized crime-criminal syndicate, the defendant acknowledged he had violated the conditions of pretrial diversion and the court revoked same, setting final sentencing for September 10.

* During motion hour, in the case of Commonwealth vs. Willie Dyer, charged with two counts each of trafficking in a controlled substance first degree, first offense and persistent felony offender second degree, the court will enter an order sustaining a motion for shock probation after he has served 20 percent of his sentence. The defendant shall be supervised for a period of five years.

* Cases were dismissed against the following defendants:

— Tony Albertson. The Commonwealth moved to dismiss due to the fact that the defendant was found not competent to stand trial.

— Chad Ray Guffey, without prejudice.

— Dewayne Brown, Debora Faye Bell, Michael S. Smith and Richard Doyle Thompson.

Some individuals appeared on August 13 for arraignment, each entering not guilty pleas and having future court dates scheduled. Several cases were continued generally, a few defendants were not transported to court from out-of-county detention centers and other cases were reviewed with trial dates remaining or being scheduled.