July term of Clinton Circuit Court held

Posted August 3, 2016 at 1:51 pm
Thank you for visiting Clintonnews.net
As you may already know, we are now charging for unlimited access to our content. You can choose unlimited access with a Digital Subscription and continue to enjoy the Clinton County's best journalism, anytime, anywhere and on any device. Subscribing is quick and easy.
TO KEEP READING, SUBSCRIBE TODAY.
GET UNLIMITED ACCESS
Subscribe
Username:
Password:
Email Address:
The email and password will be automatically emailed to your PayPal email account.
Already a subscriber? Log-in

The monthly term of Clinton Circuit Court, held July 14, had another lengthy docket presided over by Clinton Circuit Judge David L. Williams.

The following are cases in which some type of resolution wasreached:

* Sentencing was held in the case of Commonwealth vs. Phillip Campbell, pursuant to a plea agreement reached on June 9.

The defendant pled guilty to possession of a firearm by a convicted felon with a five year sentence imposed and wanton endangerment first degree (six counts) with a one year sentence on each count. Pursuant to the recommendation of the Commonwealth, the six one-year sentences shall run consecutively for six years and concurrently with the five year sentence for a total of six years. The defendant shall receive credit for any time served and charges of possession of drug paraphernalia, possession of marijuana and possession or use of a police radio capable of sending or receiving messages were dismissed.

* Sentencing was held in the case of Commonwealth vs. Jacob Stearns, pursuant to a motion by the Commonwealth to revoke pretrial diversion, heard on March 3.

The court deemed the defendant guilty of assault third degree with a two-year sentence imposed. The defendant will receive credit for time served.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Rodney Lee Duvall.

The Commonwealth recommended dismissing the following charges: theft by unlawful taking or disposition less than $500, burglary third degree and persistent felony offender first degree (two counts). Upon a plea of guilty to criminal mischief first degree, the defendant would receive a five-year sentence, serve 202 days in jail with the balance of the sentence probated for five years with supervision. The defendant will not receive credit for time served, complete a long-term rehabilitation program, and along with a defendant, pay restitution in the amount of $2,000 jointly or severally at a rate of $500 per month.

Final sentencing is scheduled for August 11.

* Sentencing was held in the case of Commonwealth vs. Kaleb A. Perdue, pursuant to an agreement effectuated on June 9.

The defendant pled guilty to theft by unlawful taking more than $500 with a five-year sentence imposed and guilty of burglary third degree with a five year sentence. The two five-year sentences shall run concurrently for five years. Pursuant to the recommendation of the Commonwealth, the five year sentence will be probated for five years with supervision and the defendant will receive credit for time served and pay restitution, jointly and severally with co-defendants, in the amount of $1,250 at $75 per month.

* Sentencing was held in the case of Commonwealth vs. Harold W. Parrigin, pursuant to an agreement effected on June 9.

The defendant pled guilty to trafficking in a controlled substance first degree, first offense (two counts) with a six-year sentence imposed on each count. The sentences shall run consecutively for a total of 12 years. Pursuant to the recommendation of the Commonwealth, the sentence will be probated for five years with supervision and will receive credit for time served. Charges of two counts of persistent felony offender first degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Leora Fulton, pursuant to an agreement effectuated on June 9.

The defendant pled guilty to theft by unlawful taking and persistent felony offender second degree with a six-year sentence. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 60 days with the balance probated for five years with supervision, be assessed by the Social Service Clinical Technician, and receive credit for any time served.

* Sentencing was held in the case of Commonwealth vs. Donnie D. Jones, pursuant to a plea agreement effectuated on June 9.

The defendant pled guilty to possession of a handgun by a convicted felon with a five year sentence imposed. Pursuant to the Commonwealth’s recommendation, the sentence shall be probated for five years with supervision and he will receive credit for any time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Rachel Lynn Sheckles.

The Commonwealth recommended that upon a plea of guilty to flagrant nonsupport, the defendant would receive a sentence of three years, pretrial diverted for five years with supervision and pay monthly child support of $374.50, plus $90 toward arrearage for a total of $464.50 monthly.

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

The Commonwealth recommended dismissing the charge of wanton endangerment first degree. The Commonwealth further recommended amending the charge of theft by deception or unlawful taking under $500. Under a plea of guilty to theft by unlawful taking under $500, the defendant would receive a six month sentence, probated for one year with supervision, receive credit for time served, and pay restitution in the amount of $600.00 in full upon entry of the plea.

* During arraignment, in the case of Dillon M. Alley., the court requested the defendant be drug tested. The defendant tested positive for methamphetamine, opiates and THC. Furthermore, the defendant violated the terms and conditions of bond by receiving new charges of DUI on a suspended license and speeding. The court found the defendant in contempt and handed down a six month jail sentence.

* During a revocation hearing, in the case of Commonwealth vs. Albert E. Poore, Jr., charged with theft by deception and persistent felony offender second degree, the court determined the defendant has violated terms or probation, which was revoked.

* During a revocation hearing, in the case of Commonwealth vs. David Bryan Brown, charged with multiple counts of theft by unlawful taking or disposition and one county of criminal trespass second degree, the defendant acknowledged he had violated the terms of probation, which was revoked.

* During a revocation hearing in the case of Commonwealth vs. Frankie Lee Booher, Jr., charged with flagrant nonsupport, the court determined the defendant had violated terms of pretrial diversion and revoked same.

* During motion hour, in the case of Commonwealth vs. Larry W. Thompson, charged with several offenses including theft by unlawful taking, burglary third degree, criminal mischief first degree, escape second degree and multiple counts of persistent felony offender second degree, the court reinstated the defendant’s guilty plea and set final sentencing for August 11.

Arraignments:

* Danny R. Neal, charged with theft by unlawful taking or disposition, burglary third degree and two counts of persistent felony offender second degree, not guilty plea entered with a pretrial conference scheduled for August 11 and trial date for October 25 and 26.

* Jacqueline Suzann Martin, charged with possession of a destrucitve/booby trap device, possession of a controlled substance first degree, manufacturing methamphetamine first offense, and unlawful possession of a meth precursor, not guilty plea entered with a pretrial conference scheduled for August 11 and trial date for September 13 and 14.

* Brian L. Martin, charged with possession of a destructive/booby trap device, possession of drug paraphernalia, meth precursor and controlled substance, and manufacturing meth, first offense, not guilty plea entered with a pretrial conference scheduled for August 11 and trial date for September 13 and 14.

* George W. Cole, charged with unlawful imprisonment (two counts) and sexual abuse first degree, not guilty plea entered with a pretrial conference set for August 11 and trial date scheduled for September 13.

* William Allen Sheckles, charged with flagrant nonsupport, not guilty plea entered with a review scheduled for September 9.

Other cases:

* During a revocation hearing in the case of Commonwealth vs. Matthew Shelton, the prosecution withdrew its motion to revoke.

* During motion hour, in the case of Commonwealth vs. Tommy Eugene Phillips, originally charged with forgery, theft by unlawful taking, and multiple counts of persistent felony offender, a motion for shock probation was granted. The defendant shall be probated for five years and show verification of employment.

* During motion hour, in the case of Commonwealth vs. Desirae Riddle, charged with hindering prosecution and fleeing or evading police, a motion for shock probation was granted. The defendant shall be on supervised probation for two years and be assessed by the Social Service Clinician.

* During a revocation hearing in the case of Commonwealth vs. Steven Waid, charged with criminal mischief, theft by unlawful taking and second degree persistent felony offender, in lieu of revocation, the defendant shall serve an additional 25 days in jail for contempt and upon release, enter and complete SAP-IOP.

* During a competency hearing in the case of Commonwealth vs. Jeffery L. Braswell, charged with burglary third degree, possession of burglary tools, and theft by unlawful taking, the defendant was found not competent to stand trial and an oral motion by the Commonwealth to dismiss was granted.

* During a revocation hearing, in the case of Commonwealth vs. Shayne Capps, charged with terroristic threatening, assault and wanton endangerment, the defendant did not appear and a bench warrant of arrest was issued.

* During a pretrial conference in the case of Commonwealth vs. James A. Denney, charged with theft by unlawful taking and criminal mischief, the defendant did not appear and a bench warrant of arrest was issued.

* During a revocation hearing in the case of Commonwealth vs. Christina Harding, charged with receiving stolen property, the defendant did not appear and a bench warrant of arrest was issued.

* During motion hour, in the case of Commonwealth vs. Jason L. Savage, charged with receiving stolen property, flagrant nonsupport, and persistent felony offender, the defendant did not appear and a bench warrant of arrest was issued.

* During a pretrial conference, in the case of Commonwealth vs. Amanda Shaw, charged with criminal mischief and theft by unlawful taking, the defendant did not appear and a bench warrant of arrest was issued.

*During a revocation hearing, in the case of Commonwealth vs. Jonathon Wray, charged with theft by deception, the defendant did not appear. A bench warrant of arrest was issued and the defendant will be placed in NCIC.

Some other cases on the docket were continued to a later date for various reasons, including some defendants who were not transported from out-of-county detention centers.