Clinton Circuit Court sees heavy case load for June

Posted June 22, 2016 at 1:44 pm

Clinton Circuit Court was held on Thursday, June 9 with a heavier than usual number of cases on the docket to be considered, with Circuit Judge David L. Williams presiding over the session.

The following are among several cases in which some type of resolution, either sentencing, plea agreements and/or trial dates being scheduled, or cases being dismissed.

* Sentencing was held in the case of Commonwealth vs. Danni Lynn Burgin, pursuant to a motion to revoke pretrial diversion which had been heard on May 5. The defendant acknowledged she had violated the terms of the diversion.

The court deemed the defendant guilty of the offenses of Unlawful Possession of a Methamphetamine Precursor with a three-year sentence imposed, and guilty of possession of a Controlled Substance 1st degree with a three year sentence, to run concurrent for three years and the defendant will receive credit for jail time served.

* Sentencing was held in the case of Commonwealth vs. Brittney Wray, pursuant to a motion to revoke pretrial diversion heard on May 5. The defendant acknowledged having violated the terms of diversion.

The court deemed the defendant was guilty of the offense of Unlawful Possession of a Methamphetamine Precursor with a five year sentence imposed. The defendant shall receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jason Gayle Craig.

The Commonwealth recommended dismissing the charge of Theft by Unlawful Taking or Disposition and amending charges of Persistent Felony Offender 1st degree (two counts) to second degree.

Upon a plea of guilty to Burglary 3rd degree and Persistent Felony Offender 2nd degree, the defendant would receive a seven and one-half year sentence. Upon a plea of guilty to Criminal Mischief 1st degree and Persistent Felony Offender 2nd degree, the defendant would receive the same sentence, to run consecutively under a separate indictment for a total of 15 years.

Final sentencing is scheduled for July 14.

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

The Commonwealth recommended dismissing the following: Possession of Drug Paraphernalia; Possession of Marijuana; and Possession of Use of a Radio Capable of Sending or Receiving Police Messages.

Upon a plea of guilty to Possession of a Firearm by a Convicted Felon, the defendant would receive a sentence of five years. Upon a plea of guilty to Wanton Endangerment 1st Degree (six counts) the defendant would receive a one-year sentence on each count. The six one-year sentences shall run consecutively, but concurrent to the five-year sentence for a total of six years. The defendant will be given credit for any time served.

Final sentencing is scheduled for July 14.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Elizabeth Anna Troxel.

The Commonwealth recommended dismissing the charges of Possession of a Controlled Substance Not in the Original Container (four counts) and Possession of a Controlled Substance 3rd degree (two counts). Upon a plea of guilty to Possession of a Controlled Substance 1st degree (two counts), the defendant would receive a three-year sentence on each charge to run concurrent. The three year sentence shall be probated for three years with supervision. The defendant shall serve 76 days in jail with the balance probated for three years.

Final sentencing is scheduled for August 11.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Flinton Ray Thacker.

The Commonwealth recommended the following charges be dismissed: Criminal Possession of a Forged Instrument 2nd degree (11 counts), Persistent Felony Offender 1st degree (13 counts); and Persistent Felony Offender 2nd degree

Upon a plea of guilty to Criminal Possession of a Forged Instrument 2nd degree (two counts), the defendant shall receive a sentence of five years on each charge to run concurrent for a total of five years. Upon a plea of guilty to Criminal Possession of a Forge Instrument 2nd degree in a separate indictment, he will receive a five-year sentence, to run concurrent for five years, probated for five years with supervision. The defendant shall also pay restitution in the amount of $1,221.99.

Final sentencing is scheduled for July 14.

* Sentencing was held in the case of Commonwealth vs. William Stuber, pursuant to a plea agreement reached on May 5.

The defendant was deemed guilty of Manufacturing Methamphetamine with a 10 year sentence imposed. Pursuant to the recommendation by the Commonwealth, the defendant shall serve 266 days in jail with the balance probated for five years with supervision. The defendant shall enter and complete the Clinton County Drug Court Program and receive credit for time served.

Under terms of the agreement, the following charges were dismissed: Unlawful Possession of Methamphetamine Precursor, Possession of Drug Paraphernalia; Hindering Prosecution or Apprehension; Possession of a Controlled Substance 1st degree; Possession of Drug Paraphernalia under separate indictment; Trafficking in Marijuana less than eight ounces; Possession of Marijuana and Marijuana Cultivation.

* Sentencing was held in the case of Commonwealth vs. Jimmy Poynter, pursuant to an agreement reached on May 26.

The defendant was deemed guilty of Manufacturing Methamphetamine with a 12 year sentence imposed. The 12 year sentence will be probated for five years with supervision and the defendant will receive credit for time served and be assessed by the Social Service Clinician and follow any recommendations. The following charges were dismissed under the agreement: Public Intoxication, Falsely Reporting an Incident, Possession of a Controlled Substance 1st degree, Possession of Drug Paraphernalia; Possession of a Meth Precursor, Possession of Drug Paraphernalia and Persistent Felony Offender 2nd degree.

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

The Commonwealth recommended upon a plea of guilty to Theft by Unlawful Taking more than $500, the defendant would receive a five year sentence and upon a guilty plea to Burglary 3rd degree, a five-year sentence, to run concurrent for five years, probated for five years with supervision. The defendant shall pay restitution in the amount of $1,250.

Final sentencing is scheduled for July 14.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Harold Parrigin.

The Commonwealth recommended dismissing the charges of Persistent Felony Offender 1st degree (two counts). Upon a plea of guilty to Trafficking in a Controlled Substance 1st degree, 1st offense (two counts), the defendant shall receive a six-year sentence on each count to run consecutively for 12 years, probated for five years with supervision. The defendant shall receive credit for time served, but according to court records, “not” receive credit for six months served as contempt time.

Final sentencing is scheduled forJuly 14.

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

Upon a plea of guilty to Possession of a Controlled Substance 1st degree, the defendant shall receive a sentence of three years, serve 120 days with the balance probated for five years with supervision. She will receive credit for time served and be assessed by the Social Service Clinician and follow any recommendations.

Final sentencing is scheduled for August 11.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Donnie D. Jones.

The Commonwealth recommended that upon a plea of guilty to Possession of a Handgun by a Convicted Felon, the defendant would receive a five year sentence, probated for five years with supervision.

Final sentencing is scheduled for July 14.

* Sentencing was held in the case of Commonwealth vs. Brandon Levi Hall, pursuant to an agreement reached on March 22.

The defendant pled guilty to Trafficking in Marijuana less than eight ounces (three counts) with a two year sentence on each count imposed, to run consecutive for a total of six years. Pursuant to the agreement, the defendant would serve six months with the balance probated five years with supervision, receive credit for time served and was ordered to pay restitution.

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

The Commonwealth recommended that on a plea of guilty to Theft by Unlawful Taking or Disposition and Persistent Felony Offender 2nd degree, the defendant would receive a sentence of six year, serve 60 days with the balance probated for five years with supervision and be assessed by, and follow any recommendations from, the Social Service Clinician.

Final sentencing is scheduled for July 14.

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

Upon a plea of guilty to Possession of a Controlled Substance 1st degree, the defendant would receive a three year sentence, pretrial diverted for three years with supervision.

* During a pretrial conference a plea agreement was reached in the case of Commonwealth vs. Amy N. Burchett.

The Commonwealth recommended dismissing charges of Public Intoxication, Possession of Drug Paraphernalia and Possession of Marijuana. Upon a plea of guilty to Possession of a Controlled Substance 1st degree, the defendant shall receive a three year sentence, pretrial diverted for three years with supervision, receive credit for time served, enter and complete the Clinton County Drug Court Program.

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

The Commonwealth recommended dismissing the charge of Obscuring the Identity of a Machine or Other Property and amending the charge of Theft by Failure to Make Required Disposition to Theft by Unlawful Taking over $500. Upon a plea of guilty to the lesser charge, the defendant would receive a three year sentence, pretrial diverted for three years without supervision and pay restitution in the amount of $15,270.00.

* During a revocation hearing in the case of Commonwealth vs. Brandie S. Young, charged with possession of a controlled substance 1st offense (meth) and drug paraphernalia, the defendant acknowledged having violated terms of probation, which was revoked.

* During motion hour, motion to revoke in the case of Commonwealth vs. Desirea Riddle, charged with Hindering Prosecution and Fleeing or Evading Police, the defendant acknowledged having violated the terms and conditions of probation, which was revoked.

* During a revocation hearing in the case of Commonwealth vs. Dwight Junior Guffey, charged with Persistent Felony Offender, possession of drug paraphernalia, Possession of Controlled Substance, 1st degree, 2nd offense and promoting contraband, the defendant acknowledged having violated the terms and conditions of probation, which was revoked.

* During a revocation hearing in the case of Commonwealth vs. Jason Craig, charged with Trafficking in a Controlled Substance 1st offense and Persistent Felony Offender, the defendant acknowledged having violated the terms and conditions of probation, which was revoked.

The following individuals appeared for arraignment, with trial dates being scheduled:

* Michael Dalton, charged with one count of trafficking in five pounds or more and trafficking in marijuana eight ounces to five pounds, the defendant entered a plea of not guilty with a pretrial conference scheduled for August 11 and a trial date for October 11.

* Darrell Dalton, charged with Trafficking in a Controlled Substance 1st offense, the defendant entered a plea of not guilty with a pretrial conference scheduled for August 11 and trial date of October 12.

Other cases:

* Charges of possession of controlled substance 1st degree, et al, against William H. Stuber, Jr., the matter was dismissed in its entirety pursuant to a plea agreement reached in another indictment.

* Charges of public intoxication, falsely reporting an incident, possession of a controlled substance and drug paraphernalia against Jimmy L. Poyner were dismissed pursuant to a plea agreement reached under a separate indictment.

* Charges of possession of a controlled substance, possession of marijuana and promoting contraband against Matthew Parrigin were dismissed upon the request of the Commonwealth.

* The charge of flagrant non-support against Johnathan Goodman were dismissed without prejudice.

* Upon a request by the Commonwealth, the charge of flagrant non-support against Mitchell Comstock was dismissed.

* Upon request by the Commonwealth, a charge of assault 2nd degree against Dillon Alley was dismissed.

* In the case vs. Rebecca Daley, charged with flagrant non-support, the matter was dismissed.

* During a revocation hearing in the case of Commonwealth vs. Lucas T. Pettenger, charged with Manufacturing Methamphetamine 1st offense, in lieu of revocation, the defendant is to enter and complete the Clinton County Drug Court Program.

* During motion hour in Commonwealth vs. Roger Daley, charged with Trafficking in a Controlled Substance 1st offense (meth), in lieu of revocation, the defendant shall enter and complete a long-term rehabilitation program.

* During scheduled sentencing in the case of Commonwealth vs. Joshua Kerry Sparks, charged with Burglary 3rd degree, Criminal Mischief 1st degree and three counts of Persistent Felony Offender, the defendant did not appear and a warrant of arrest was issued.

Several other cases were on the June docket, with no official actions being taken during court proceedings, with several cases continued with future court proceedings being scheduled.