September session of Clinton Circuit Court held

Posted September 30, 2015 at 12:55 pm

The monthly session of Clinton Circuit Court was held Thursday, September 10 with Judge David L. Williams presiding over several cases on the docket. The following are cases in which some type resolutions were reached, ruling made, or trial dates scheduled.

* Sentencing was held in the case of Commonwealth vs. James Brian Abston, pursuant to a plea agreement effectuated on August 13.

The defendant pled guilty to burglary third degree and persistent felony offender second degree and a sentence of 10 years was imposed. Further, the defendant pled guilty to receiving stolen property under $500 with a four year sentence imposed, to run consecutively for 14 years. The Commonwealth opposed probation.

The defendant was ordered to serve the remainder of the 14-year term, receive credit for time served and charges of receiving stolen property over $500 and persistent felony offender first degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Anna Ruth Armstrong, pursuant to a plea agreement effectuated on August 13.

The defendant pled guilty to trafficking in a controlled substance first degree with a one-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence will run concurrent with a separate indictment and the Commonwealth opposed probation.

The defendant shall serve the balance of the one-year sentence and receive credit for time served. With charges of trafficking in a controlled substance third degree (two counts) being dismissed.

* Sentencing was held in the case of Commonwealth vs. Wesley Stewart, pursuant to a motion by the Commonwealth to revoke pretrial diversion, having been heard on August 13, in which the court revoked the diversion.

The defendant pled quilty to the offense of receiving stolen properly under $10,000 with a sentence of five years imposed. The Commonwealth opposed probation and the defendant will receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. David W. Vitatoe, pursuant to a plea agreement effectuated on August 13.

The defendant pled guilty to manufacturing methamphetamine with a 15-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 11 months with the balance probated for five years with supervision and he is to enter and complete the Clinton County Drug Court program and receive credit for time served.

In accordance with the agreement, the following charges were dismissed: possession of a controlled substance first degree, possession of marijuana, possession of drug paraphernalia, possession of a radio capable of sending or receiving police messages and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Tommy Eugene Phillips, pursuant to a plea agreement effectuated on August 13.

The defendant pled guilty to theft by unlawful taking over $500 and persistent felony offender second degree, with a sentence of 10 years imposed. Further, he pled guilty to forgery second degree and persistent felony offender second degree under a separate indictment with a 10-year sentence imposed. Further, he pled guilty to theft by unlawful taking (two counts) and persistent felony offender second degree (two counts) under a separate indictment with a 10-year sentence imposed.

Pursuant to the recommendation of the Commonwealth, all sentences will run concurrent for 10 years. The defendant shall serve 180 days in jail with the balance probated for five years with supervision. The defendant shall pay restitution as outlined in the plea agreement and the sentences shall run concurrent with an indictment in Cumberland County. He will also received credit for time served.

* Sentencing was held in the case of Commonwealth vs. Steven Dewayne Posey, pursuant to a plea agreement effectuated on August 13.

The defendant pled guilty to possession of a firearm by a convicted felon with a five-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision and he will receive credit for time served. A charge of persistent felony offender second degree was dismissed.

* A plea agreement was reached in the case of Commonwealth vs. Robert Neil Waid.

The Commonwealth recommended dismissing the charges for rape first degree and persistent felony offender second degree, and further recommended amending charges of unlawful transaction with a minor first degree (Class B felony) to a Class C felony, and upon a plea of guilty to the charge of unlawful transaction with a minor first degree, the defendant would receive a six-year sentence. The Commonwealth stated it would oppose probation.

Final sentencing is scheduled for October 8.

* During motion hour, in the case of Commonwealth vs. Marsha Ann Wright, a plea agreement was reached in which the defendant entered an Alford plea.

The Commonwealth recommended dismissing the following charges: theft by unlawful taking less than $10,000, possession of marijuana and three counts of persistent felony offender first degree. Upon a plea of guilty to tampering with physical evidence and promoting contraband first degree, the defendant shall receive a sentence of five years on each charge, to run concurrent for five years and agrees to continue counseling at Adanta and follow any recommendations.

Final sentencing has been scheduled for October 8.

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

The Commonwealth recommended dismissing the charge of trafficking in a controlled substance third degree. Upon a plea of guilty to trafficking in a controlled substance second degree and persistent felony offender second degree, the defendant would receive a 10-year sentence, serve 180 days in jail, with the balance probated for five years with supervision. He will be allowed work release and be assessed by the Social Services Clinician.

Final sentencing was scheduled for October 8.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Zachary T. Franklin.

The Commonwealth recommended dismissing the following charges: speeding, failure to use seat belt, DUI under the influence of alcohol or other substance. Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall receive a sentence of one year, pretrial diverted for two years with supervision. Upon a plea of guilty to possession of drug paraphernalia, the defendant agrees to pay a fine of $500 and court costs of $150 for a total of $650.00.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Brittney R. Latham.

The Commonwealth recommended dismissing the following charges: promoting contraband first degree, persistent felony offender first degree (two charges under separate indictments.) Upon a plea of guilty to promoting contraband first degree and theft of identity under a separate indictment, a five year sentence on each charge would be imposed, to run consecutively for 10 years, probated for five years with supervision.

Final sentencing is scheduled for October 8.

* During a pretrial conference in the case of Commonwealth vs. Jeffery L. Braswell, charged with burglary third degree, possession of burglary tools and theft by unlawful taking over $500 but less than $10,000, the court ordered the defendant to be evaluated by KCPC and his trial date of September 5 was continued with a pretrial conference scheduled for November 5.

* During a pretrial conference in the case of Commonwealth vs. Randall G. Hicks, charged with five offenses including manufacturing methamphetamine, cultivation of marijuana five or more plants and persistent felony offender, the trial date for October 5-6 was ordered to remain set.

* During a pretrial conference in the case of Commonwealth vs. Harold W. Parrigin, charged with drug related offenses and persistent felony offender, the trial date of September 15 was ordered to remain set.

* In the case of Commonwealth vs. Jennifer Stockton, charged with trafficking in a controlled substance (meth) and possession of marijuana and drug paraphernalia, sentencing was continued until October 8.

* During a pretrial conference in the case of Commonwealth vs. Joseph Paul Coop, charged with several offenses including manufacturing methamphetamine, cultivation of marijuana five or more plants, persistent felony offender and others, the court ordered the trial dates of October 5-6 remain set.

* During arraignment, in the case of Commonwealth vs. Brian Hale, charged with trafficking in a controlled substance second degree, first offense (two counts), the defendant entered a plea of not guilty with a pretrial conference set for October 8 and a trial date scheduled for November 18.

* During arraignment, in the case of Commonwealth vs. Bethany Brown, charged with two counts of possession of a forged instrument, the defendant did not appear and the warrant of arrest previously entered remained in effect.

* During arraignment, in the case of Commonwealth vs. Jennifer Elaine Owens, charged with burglary second degree, the defendant did not appear. The individual on her bond stated she was hospitalized in Somerset. The court relieved the individual of the bond responsibility and issued a bench warrant, which will be withdrawn if the defendant appears with a medical excuse.

* During a revocation hearing in the case of Commonwealth vs. Jesse Kean, the court noted the defendant had made restitution payments and the Commonwealth withdrew its motion to revoke.

* The Commonwealth moved to dismiss, with an order to be tendered, in the following cases:

— Frankie Allen Hickman, originally charged with fraudulent insurance acts.

— Ricky Lee Duvall, originally charged with possession of a controlled substance and drug paraphernalia.

— Mitchell Dale Comstock, originally charged with flagrant non-support.

— Clifton Carter, originally charged with trafficking in a controlled substance.

Several other cases on the docket were continued for various legal reasons.