November term of Clinton Circuit Court held last week

Posted November 11, 2015 at 2:01 pm

A monthly term of Clinton Circuit Court was conducted last Thursday, November 5 with Circuit Judge David L. Williams presiding.

The following cases are those in which sentencing was conducted, agreements reached, trial dates scheduled, or official court ruling made:

* Sentencing was held in the case of Commonwealth vs. Joseph Paul Coop, pursuant to a jury trial conducted in Clinton Circuit Court October 5 and 6. The court overruled motions for judgment notwithstanding the verdict and a motion for an appeal bond.

The jury found the defendant guilty of possession of a controlled substance first degree and the court followed the recommendation of the jury and sentenced the defendant to three years. He will receive credit for time served.

The charges of possession of drug paraphernalia and persistent felony offender second degree were previously dismissed. The following charges have been severed and were not tried: tampering with a prisoner monitoring device second degree and two counts of persistent felony offender second degree.

Attorney David Cross withdrew as counsel of record and the court appointed the Department of Public Advocacy to represent the defendant in all further proceedings. The charges of convicted felon in possession of a handgun and persistent felony offender second degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Randall G. Hicks, pursuant to a jury trial held in Clinton Circuit Court October 5 and 6. The court overruled a motion for judgment notwithstanding the verdict and scheduled a hearing regarding an appeal bond for December 3.

The defendant was found guilty of possession of a controlled substance first degree and the judge followed the jury recommendation of a three year sentence with the defendant to receive credit for time served.

The charges of operating on a suspended/revoked license, possession of drug paraphernalia and cultivation of marijuana more than five plants were previously dismissed, along with a charge of convicted felon in possession of a handgun.

During the jury trial, both Coop and Hicks were found guilty of possession of controlled substance charges and not guilty of other charges.

* Sentencing was held in the case of Commonwealth vs. Anna Armstrong, pursuant to a motion by the Commonwealth to revoke pretrial diversion and a plea agreement reached on August 13. The defendant acknowledged she had violated terms of probation on charges of receiving stolen property and was sentenced to serve the balance of a five year sentence, with credit for time served.

Under a plea agreement, the defendant pled guilty to trafficking in a controlled substance first degree with a one-year sentence imposed, to run concurrent. Charges of trafficking in a controlled substance third degree, two counts, were dismissed.

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

The Commonwealth recommended dismissing the following charges: criminal mischief first degree, possession of an open alcoholic container, resisting arrest, fleeing or evading police first degree, and two counts of terroristic threatening.

Upon a plea of guilty to receiving stolen property, the defendant would receive a five-year sentence, serve 90 days in jail with the balance of the sentence probated for five years with supervision and be assessed for the Clinton County Drug Court Program.

Further, upon a plea of guilty to operating a motor vehicle while under the influence (aggravating circumstances), the defendant would pay a fine of $200 plus court costs. He is also to pay restitution in the amount of $1,100.

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

The Commonwealth recommended dismissing the following charges: tampering with physical evidence, disorderly conduct first degree, operating a motor vehicle with expired license, failure to maintain insurance, operating a motor vehicle on a suspended or revoked license, DUI third or subsequent offense, motor vehicle insurance to be in paper or electronic format, and operating a motor vehicle under the influence (aggravating circumstances).

Upon a plea of guilty to three counts of third degree assault, the defendant would receive a five-year sentence on each count to run consecutively for 15 years, serve 11 months in jail with the balance probated five years supervised, receive credit for time served and be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for December 3.

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

The Commonwealth recommended dismissing the charge of possession of a controlled substance second degree. Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a two-year sentence, probated for two years with supervision and be assessed by the Social Service Clinician.

Final sentencing is scheduled for December 3.

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

The Commonwealth recommended dismissing the following charges: speeding, reckless driving, no/expired registration plates, possession of a controlled substance first degree, possession of a controlled substance not in original container, no registration receipt, no motorcycle operator’s license and disregarding a traffic control device.

The Commonwealth further recommended the charge of fleeing or evading police first degree to wanton endangerment second degree. Upon a plea of guilty to wanton endangerment second degree, the defendant would receive a 12-month sentence, probated for twelve months, unsupervised and pay a fine of $200 plus court costs.

A misdemeanor judgment was entered.

* During a pretrial conference in the case of Commonwealth vs. Joshua Kerry Sparks, charged with third degree burglary, theft by unlawful taking $10,000 or more, criminal mischief first degree and three counts of first degree persistent felony offender, a trial date of January 12, 2016 was scheduled with a pretrial conference December 3.

* During a pretrial conference in the case of Commonwealth vs. Larry W. Thompson, charged with theft by unlawful taking over $10,000, third degree burglary, first degree criminal mischief and three counts of second degree persistent felony offender, a trial date of January 12, 2016 was scheduled with a pretrial conference December 3.

* During a pretrial conference in the case of Commonwealth vs. William L. Wood, charged with flagrant non-support, a trial date was scheduled for February 23, 2016 with a pretrial conference January 7, 2016.

* During arraignment, in the case of Commonwealth vs. Brandon L. Hall, charged with three counts of trafficking in marijuana more than eight ounces but less than five pounds, the defendant entered a not guilty plea with a trial date scheduled for March 29, 2016 and a pretrial conference for December 3.

* During a revocation hearing in the case of Commonwealth vs. Richard L. Guthrie, originally charged with sexual abuse first degree and persistent felony offender second degree, the defendant acknowledged violating terms of probation and same was revoked and he will receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Joey L. Duvall, originally charged with receiving stolen property and convicted felon in possession of a handgun, the defendant acknowledge having violated terms of probation and same was revoked and he will receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Danni Lynn Burgin, originally charged with possession of a meth precursor, possession of marijuana, possession of a controlled substance (meth), manufacturing methamphetamine and possession of drug paraphernalia, the court determined the defendant had violated terms of pretrial diversion, revoked same and sent final sentencing for December 3.

* During a contempt hearing in the case of Commonwealth vs. Harold W. Parrigin, charged with trafficking in a controlled substance first degree and persistent felony offender first degree, the court found the defendant in contempt for failing to appear at his jury trial and sentenced the defendant to six months in jail.

* During motion hour, in the case of Brian Shane Burchett, originally charged with burglary third degree, assault fourth degree, wanton endangerment first degree and persistent felony offender second degree, the court wrote “the motion for shock probation was previously denied.”

* During motion hour, in the case of Commonwealth vs. Charles Eugene Ball, originally charged with flagrant non-support, the matter was dismissed.

* During a pretrial conference in the case of Commonwealth vs. Jason A. Garner, originally charged with possession of a forged instrument, the matter was dismissed without prejudice.

Several other cases on the docket last week were continued for various reasons to a future date.