April session of Clinton Circuit Court sees another heavy docket

Posted May 4, 2016 at 2:03 pm

The monthly session of Clinton Circuit Court was held on Thursday, April 14 with several cases on the docket, and presided over by Circuit Judge David L. Williams.

The following are cases in which some type of resolution were made, either through sentencing, plea agreements, court dates being set, among others.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Contessa M. Gore.

The Commonwealth recommended dismissing the following charges: operating a motor vehicle under the influence, driving on a suspended license, reckless driving, failure to signal, resisting arrest and possession of drug paraphernalia. Upon a plea of guilty to receiving stolen property more than $500, the defendant would receive a five-year sentence, upon a plea of guilty to possession of a controlled substance, the defendant would receive a three-year sentence, to run concurrent for five years, pretrial diverted for five years with supervision. The defendant has been assessed for the Clinton County Drug Court Program and will receive credit for 150 days served.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Joseph Paul Coop.

The Commonwealth recommended dismissing the charge of escape second degree and amending the charge of tampering with a prisoner monitoring device to tampering with physical evidence. Upon a plea of guilty to tampering with physical evidence, the defendant shall receive a sentence of one and-a-half years to serve, with the sentence to run consecutive to the three-year sentence received during a jury trial.

Final sentencing is scheduled for May 5.

* Sentencing was held in the case of Commonwealth vs. William T. Brown, pursuant to a plea agreement effectuated on March 3.

The defendant pled guilty to conspiracy to manufacture methamphetamine with a seven-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 120 days with the balance of the sentence probated for five years with supervision and given credit for time serviced. Under the plea, the following charges will be dismissed: possession of a controlled substance first degree, marijuana cultivation less than five plants, possession of marijuana and possession of drug paraphernalia.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Bertha L. Mitchell.

The Commonwealth recommended dismissing charges of possession of a controlled substance first degree, marijuana cultivation, possession of marijuana and possession of drug paraphernalia. Upon a plea of guilty to unlawful possession of a meth precursor first degree, the defendant shall receive a five year sentence, pretrial diverted for five years with supervision and be given credit for time served.

* Sentencing was held in the case of Commonwealth vs. Elmer G. Neal, pursuant to an agreement effectuated on February 24.

The defendant pled guilty to theft by unlawful taking over $10,000 with a seven and-one-half year sentence imposed. Upon a recommendation by the Commonwealth, the defendant shall serve 45 days, 100 days on home incarceration with the balance of the sentence probated for five years with supervision and receive credit for time served. A charge of criminal trespass third degree was dismissed.

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

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant shall receive a sentence of three years, pretrial diverted for two years with supervision and receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Garrett Gene Gabbard, charged with flagrant non-support, criminal mischief third degree, burglary second degree and criminal trespass second degree, the defendant acknowledged having violated the terms and conditions of probation and the judge revoked and sentenced the defendant to the balance of the sentence.

* During motion hour in the case of Commonwealth vs. Misty Duvall, charged with criminal mischief first degree and theft by unlawful taking, in lieu of revocation, the defendant shall enter and complete a six-month rehabilitation program.

Arraignments:

* Elizabeth Anna Troxel, charged with four counts of controlled substance prescription not in original container, possession of controlled substance first degree (two counts) and possession of controlled substance third degree (two counts), the defendant entered a not guilty plea with a pretrial conference scheduled for June 9 and trail day for July 9.

* Ladonna Kempton, charged with possession of marijuana, drug paraphernalia and controlled substance, the defendant entered a plea of not guilty with a pretrial conference scheduled for June 9 and a trial date for July 7.

* Leora Fulton, charged with theft by unlawful taking over $500 but less than $10,000 and persistent felony offender second degree, the defendant entered a plea of not guilty, with a pretrial conference scheduled for June 9 and a trial date for July 7.

* Rodney Lee Duvall, charged with criminal mischief first degree, burglary third degree and two counts of persistent felony offender first degree, the defendant entered a plea of not guilty, with a pretrial conference scheduled for June 9 and a trial date for July 20.

* Robbie Davis, charged with wanton endangerment first degree and theft by deception, the defendant entered a plea of not guilty with a pretrial conference scheduled for June 9 and a trial date for July 26.

* James W. Davis, charged with possession of drug paraphernalia, marijuana and controlled substance first degree, the defendant entered a not guilty plea with a pretrial conference scheduled for June 9 and trial date for July 7.

* Jason Gayle Craig, charged with criminal mischief first degree, theft by unlawful taking under $500, burglary third degree and two counts of persistent felony offender, the defendant entered a plea of not guilty with a pretrial conference scheduled for June 9 and trial date for July 20.

* Billy Craig, charged with persistent felony offender second degree, the defendant entered a plea of not guilty with a pretrial conference scheduled for May 5 and trial date for June 7.

* Phillip Campbell, charged with convicted felon in possession of a firearm, possession of drug paraphernalia and marijuana, six counts of wanton endangerment and possession/use of radio that sends/receives police message, the defendant entered a plea of not guilty with a pretrial conference scheduled for June 9 and trial date for August 10.

* Amy N. Burchett, charged with public intoxication controlled substance, possession of controlled substance first degree and possession of drug paraphernalia and marijuana, the defendant entered a not guilty plea with a pretrial conference scheduled for May 5 and trial date for July 7.

* Michael Ayers, charged with theft by failure to make required disposition and obscuring the identity of a machine over $300, the defendant entered a plea of not guilty, with a pretrial conference scheduled for June 9 and trial date for July 20.

(A few other defendants appeared for arraignment, entering not guilty pleas but no official trial dates were scheduled.)

Other:

* During a pretrial conference in the case of Commonwealth vs. Dillon Alley, charged with assault second degree, the trial scheduled for May 17 was continued with a pretrial conference set for May 5.

* During a pretrial conference in the case of Colton W. Alley, charged with assault second degree, the trial scheduled for May 17 was continued with a pretrial conference set for May 5.

* During a revocation hearing in the case of Commonwealth vs. Frankie Lee Booher, Jr., charged with flagrant non-support, the defendant did not appear and warrant of arrest was issued.

* During a pretrial conference in the case of Commonwealth vs. Shane F. Legg, charged with fraudulent finance acts, the court wrote, “if the defendant has made restitution, tan order to dismiss shall be entered.”

* During a pretrial conference in the case of Commonwealth vs. Timothy Sheckles, originally charged with failure to comply with sex offender registry, the matter was dismissed without prejudice.

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