October term of Clinton Circuit Court reported

Posted November 4, 2015 at 3:05 pm

A term of Clinton Circuit Court was held October 8, 2015 with Circuit Judge David L. Williams presiding over several cases. Several defendants were formally sentenced and several others appeared for arraignment purposes.

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

* Sentencing was held in the case of Commonwealth vs. Robert Neil Waid, pursuant to a plea agreement effectuated on September 10.

The defendant pled guilty to the offense of unlawful transaction with a minor first degree with a six years sentence imposed. The Commonwealth opposed probation. The defendant will receive credit for time served and charges of rape first degree and persistent felony offender second degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Brandie S. Young, pursuant to a plea agreement effectuated on August 13.

The defendant pled guilty to the offense of possession of a controlled substance first degree (methamphetamine) with a three-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant will serve 91 days in jail with the balance probated for three years with supervision and she will receive credit for time served. A charge of possession of drug paraphernalia was dismissed.

* Sentencing was held in the case of Commonwealth vs. Howard Woodson, pursuant to a plea agreement effectuated on August 26.

The defendant pled guilty to trafficking in a controlled substance second degree with a two-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 90 days with the balance probated for five years with supervision and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Marsha Ann Wright, pursuant to a plea agreement effectuated on September 10.

The defendant entered an Alford plea to tampering with physical evidence with a five-year sentence imposed and promoting contraband first degree, with a five-year sentence imposed, to run concurrent for a total of five years.

Pursuant to the recommendation by the Commonwealth, the sentence will be probated for five years with supervision and she will receive credit for time served. Further, the following charges will be dismissed: theft by unlawful taking less than $10,000, possession of marijuana and persistent felony offender first degree.

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

The defendant pled guilty to possession of a controlled substance first degree (methamphetamine) with a one-year sentenced imposed. The Commonwealth opposed probation. She will receive credit for time served and charges of possession of drug paraphernalia and marijuana were dismissed.

* Sentencing was held in the case of Commonwealth vs. Brittney R. Latham, pursuant to a plea agreement effectuated on September 10.

The defendant pled guilty to promoting contraband first degree with a five-year sentence imposed and guilty to theft of identity with a five-year sentence, to run consecutive for 10 years, probated for five years with supervision. She is to enroll and complete the SAP-IOP Program. She will receive credit for time served on charges of promoting contraband (under a separate indictment) and two charges of first degree persistent felony offender were dismissed.

* Sentencing was held in the case of Commonwealth vs. Rodney Duvall, pursuant to a plea agreement effectuated on September 10.

The defendant pled guilty to trafficking in a controlled substance second degree and persistent felony offender second degree. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 180 days in jail, with the balance probated for five years with supervision and he will be assessed by a Social Service Clinician. The defendant will receive credit for time served and a charge of trafficking in a controlled substance third degree was dismissed.

* Sentencing was held in the case of Commonwealth vs. Roger Daley, pursuant to an agreement effectuated on August 26.

The defendant pled guilty to trafficking in a controlled substance first degree (methamphetamine) with a five year sentence imposed. The defendant shall serve 60 days in jail with the balance probated for five years with supervision and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. George H. Butler, Jr., pursuant to an agreement effectuated on August 27.

The defendant pled guilty to trafficking in a controlled substance first degree (methamphetamine) with a two-year sentence imposed. The sentence shall be probated for three years with supervision, he will pay a $1,000 fine, be assessed by a Social Services Clinician, receive credit for time served and a charge of persistent felony offender second degree was dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jennie Lynn Miller. Upon a plea of guilty to wanton endangerment first degree (three counts), the defendant shall receive a three-year sentence on each count to run concurrent for three years, pretrial diverted for four years.

Further, upon a plea of guilty to operating a motor vehicle while under the influence-second offense, the defendant shall serve seven days in jail, pay fines and court costs totaling $875.00.

Several defendants appeared for arraignment. The following are cases in which trial dates were officially set by the court:

* Jimmy R. Wallace, charged with criminal mischief first degree and other offenses. Entered not guilty plea with a trial date of January 26, 2016 being scheduled and a pretrial conference for November 5.

* William H. Stuber, Jr., charged with possession of a controlled substance and other offenses, entered a not guilty plea with a trial date of January 26, 2016 scheduled and a pretrial conference for November 5.

* Jonathan A. Stuber, charged with possession of marijuana, possession of a controlled substance and other offenses, entered a plea of not guilty with a trial date scheduled for January 26, 2016 and a pretrial conference for November 5.

* Candie Stuber, charged with possession of a controlled substance and other offenses, entered a not guilty plea with trial date scheduled for January 26, 2016 and a pretrial conference for November 5.

* Naomi Danielle Shelton, charged with trafficking in a controlled substance, entered a plea of not guilty with a trial date scheduled for February 23, 2016 and a pretrial conference for December 3.

* Amanda J. Shaw, charged with criminal mischief and theft by unlawful taking $500 or more but less than $10,000, entered a not guilty plea with a trial date scheduled for January 19, 2016 and a pretrial conference for November 5.

* Ricky Lee Savage, charged with receiving stolen property, entered a not guilty plea with a trial date scheduled for January 26, 2016 and a pretrial conference set for November 5.

* Jamie Lynn Posey, charged with theft by unlawful taking and criminal trespass third degree, entered a not guilty plea with a trial date set for February 24, 2016 and a pretrial conference for November 5.

* Christopher Posey, charged with criminal trespass, theft by unlawful taking and persistent felony offender, entered a plea of not guilty with a trial date scheduled for February 24, 2016 and a pretrial conference for November 5.

* Elmer G. Neal, charged with criminal trespass and theft by unlawful taking, entered a not guilty plea with a trial date scheduled for February 24, 2016 and a pretrial conference for November 5.

* Joe Chadwick Ledbetter, charged with receiving stolen property, entered a plea of not guilty with a trial date scheduled for February 24, 2016 and a pretrial conference for December 3.

* Ladonna Kempton, charged with possession of a controlled substance and other offenses, entered a not guilty plea with a trial date scheduled for January 19, 2016 and a pretrial conference for November 5.

* Bennie W. Davis, charged with possession of a controlled substance and other offenses, including traffic violations, entered a not guilty plea with a trial date scheduled for January 19, 2016 and a pretrial conference for November 5.

* Tohawnee Davidson, charged with possession of a controlled substance, first and second degree, entered not guilty plea with a trial date scheduled for January 26, 2016 and a pretrial conference set for November 5.

* James D. Denney, charged with several offenses, including assault third degree of a police/probation officer and others. Entered not guilty plea with a trial date scheduled for January 19, 2016 with a pretrial conference for November 5.

Other cases:

* During a pretrial conference in the case of Commonwealth vs. Kevin Haddix, charged with theft by unlawful taking and persistent felony offender second degree, a pretrial conference was scheduled for December 3 with a trial date scheduled for February 24, 2016.

* During a pretrial conference in the case of Commonwealth vs. Brian Hale, charged with two counts of trafficking in a controlled substance first offense, a pretrial conference was scheduled for November 5 and a trial date for November 18.

* During a revocation hearing in the case of Commonwealth vs. Amy Angel, charged with flagrant nonsupport, the defendant’s shock probation was revoked.

* During a review in the case of Commonwealth vs. Deana Sue Bell, originally charged with several offenses, including criminal mischief and wanton endangerment, orders of dismissal were to be tendered.

* During a review in the case of Commonwealth vs. Zachary T. Franklin, originally charged with five offenses including possession of a controlled substance and traffic offenses, an order of dismissal is to be tendered.

* During arraignment, in the case of Commonwealth vs. Kenneth Joe Neal, charged with flagrant nonsupport, the judge sustained a motion for dismissal.

* During motion hour, in the case of Commonwealth vs. Harold W. Parrigin, charged with two drug related counts and two counts of persistent felony offender second degree, the court scheduled a contempt hearing for November 5.

* During a pretrial conference in the case of Commonwealth vs. Flinton Ray Thacker, charged with several counts each of possession of a forged instrument second degree and persistent felony offender first degree, the court noted that once restitution is paid, the Commonwealth will tender an order dismissing the matter.

* During a revocation hearing in the case of Commonwealth vs. Janelle Faye Willis, theft by unlawful taking and fraudulent use of a credit card, the defendant was to have been released on October 12, with the defendant to report to the Wayne County Probation and Parole Office and provide an acceptable home address.

A few other cases that were on the court docket on October 8 were continued or delayed for different reasons.