December term of Clinton Circuit Court report

Posted December 23, 2015 at 2:59 pm

The monthly term of Clinton Circuit Court was held on December 3 with Circuit Judge David L. Williams presiding. The following are cases in which some type of resolutions were reached, such as formal sentencing, plea agreements, trial dates being set, and so forth.

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

The Commonwealth recommended dismissing the charges of criminal trespass third degree (two counts), persistent felony offender first degree and amending the charge of persistent felony offender first degree to second degree.

Upon a plea of guilty to theft by unlawful taking and persistent felony offender second degree, the defendant would receive a sentence of seven and one-half years and upon a plea to theft by unlawful taking over $10,000, the defendant would receive a sentence of seven and one-half years, to run consecutive to a five-year sentence in a separate indictment for a total of 12 and one-half years to serve.

Final sentencing has been scheduled for January 7.

* Sentencing was held in the case of Commonwealth vs. James David Denney, pursuant to a plea agreement reached on November 5.

The defendant pled guilty to three counts of third degree assault with a five year sentence on each count, to run consecutive for 15 years. Pursuant to the Commonwealth’s recommendation, the defendant shall serve 11 months in jail with the balance of the sentence probated for five years with supervision and he will enter into the Clinton County Drug Court program.

Under terms of the agreement, the following charges were dismissed: tampering with physical evidence; disorderly conduct first degree; operating a motor vehicle without insurance and while on a suspended or revoked license, DUI and, no insurance papers.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Albert E. Poore, Jr.

Upon a plea of guilty to theft by deception more than $500 and persistent felony offender second degree, the defendant would receive a sentence of seven years, probated for five years with supervision, receive credit for time served and pay restitution of $600.

Final sentencing has been scheduled for January 7.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jonathan A. Stuber.

The Commonwealth recommended dismissing charges of possession of marijuana, possession of drug paraphernalia, marijuana cultivation and trafficking in marijuana. Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three-year sentence, pretrial diverted for three years and enter the Clinton County Drug Court program.

Final sentencing is scheduled for January 7.

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

The Commonwealth recommended dismissing the charges of marijuana cultivation, possession of drug paraphernalia, possession of marijuana and trafficking in marijuana. Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three-year sentence, pretrial diverted for three years with supervision, receive credit for time served and enter the Clinton County Drug Court program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Neomi Danielle Shelton.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a three year sentence, pretrial diverted for five years with supervision and be assessed for the Clinton County Drug Court program.

* Sentencing was held in the case of Commonwealth vs. Tohawnee Davidson, pursuant to an agreement reached on November 5.

The defendant pled guilty to possession of a controlled substance first degree with a two year sentence, probated for two years with supervision and be assessed by a Social Services Clinician. A charge of possession of a controlled substance second degree was dismissed.

* During a revocation hearing in the case of Commonwealth vs. Jonathon Wray, charged with theft by deception under $10,000, in lieu of revocation, the defendant was sentenced to 90 days in jail for contempt.

* Arraignment was held in the case of Commonwealth vs. Bertha L. Mitchell, charged with manufacturing meth first offense, possession of a controlled substance, and other drug related offense. The defendant entered a plea of not guilty with a trial date of March 7 scheduled and a pretrial conference set for February 11.

* Arraignment was held in the case of Commonwealth vs. Jamie Ross Cooper, charged with second degree assault. The defendant entered a plea of not guilty with a trial date scheduled for March 7 and a pretrial conference set for February 11.

* Arraignment was held in the case of Commonwealth vs. William T. Brown, charged with manufacturing meth, possession of a controlled substance first degree and other drug related offense, the defendant entered a plea of not guilty with a trial date of March 7 scheduled and a pretrial conference set for February 11.

* A trial date of March 29 remains for Commonwealth vs. Brandon Levi Hall, charged with trafficking in marijuana over eight ounces but less than five pounds. A pretrial conference is scheduled for January 7.

* A trial date of February 24 remains for Elmer G. Neal, charged with criminal trespass third degree and theft by unlawful taking.

* During a pretrial conference, in the case of Commonwealth vs. Joe Chadwick Ledbetter, charged with receiving stolen property, the court requested the defendant be drug tested. He tested positive for multiple controlled substances and was taken into custody. A pretrial conference was scheduled for January 7.

* A trial date remains for January 12 in the case of Commonwealth vs. Larry W. Thompson, charged with theft by unlawful taking, third degree burglary, escape and three counts of second degree persistent felony offender.

* A trial date of January 26 remains for William H. Stuber, Jr., charged with possession of a controlled substance first offense (meth) and other drug related offenses.

* A trial date of January 26 remains in the case of Ricky Lee Savage, charged with receiving stolen property under $10,000.

* A trial date of February 24 remains for Jamie Lynn Posey, charged with theft by unlawful taking and criminal trespass.

* During a case review, in the case of Commonwealth vs. Danny Holman, charged with flagrant nonsupport, the defendant did not appear and a bench warrant of arrest was issued.

Several other cases were continued for various reasons.