August session of Clinton Circuit Court held

Posted August 24, 2016 at 6:41 pm

The monthly term of Clinton Circuit Court was held Thursday, August 13 with Circuit Judge David L. Williams presiding over several cases. The following are cases in which some resolutions were reached, including sentencing, plea agreements, trial dates scheduled and other cases resolved.

* Sentencing was held in the case of Commonwealth vs. Larry W. Thompson, pursuant to a plea agreement effectuated on January 7.

The defendant pled guilty to theft by unlawful taking over $500 and persistent felony offender second degree, with a 10 year sentence. Also, under a separate indictment, guilty to escape second degree with a 10 year sentence. The two sentences shall run concurrent for 10 years. The Commonwealth opposed probation.

The defendant will receive credit for time served and charges of burglary third degree and two counts of persistent felony offender second degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Billy Jay Craig, pursuant to an agreement effectuated on May 5.

The defendant pled guilty to criminal conspiracy to manufacture methamphetamine with a six-year sentence imposed and stipulated violating terms and conditions of probation, with a three-year sentence imposed. The defendant shall receive a sentence of three years on each revocation to run concurrent for a total of three years and the sentence shall run consecutive with the six year sentence for a total of nine years, probated for five years with supervision.

The defendant will receive credit for time served with the following charges to be dismissed: possession of a meth precursor, possession of drug paraphernalia, and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Elizabeth Anna Troxel, pursuant to a plea agreement effectuated on June 9.

The defendant pled guilty to possession of a controlled substance first degree (two counts) with a three-year sentence on each count imposed. The two three-year sentences will run concurrent for three years. Pursuant to the agreement with the prosecution, the defendant will serve 76 days with the balance probated for three years with supervision and receive credit for time served.

The following charges were dismissed: possession of a controlled substance not in original container (four counts) and two counts of possession of a controlled substance third degree.

* Sentencing was held in the case of Commonwealth vs. Flinton Ray Thacker, pursuant to a plea agreement effectuated on June 9.

The defendant pled guilty to criminal possession of a forged instrument second degree (two counts) with a five-year sentence imposed and criminal possession of a forged instrument second degree under a separate indictment, with a five-year sentence imposed. All sentences will run concurrent for five years. Pursuant to the agreement, the sentence shall be probated for five years with supervision and the defendant will pay a total of $1,221.99 in restitution, receive credit for time served with charges of criminal possession of a forged instrument second degree (11 counts) and criminal possession of a forged instrument (13 counts under a separate indictment), and persistent felony offender second degree being dismissed.

* Sentencing was held in the case of Commonwealth vs. Rodney Lee Duvall, pursuant to a plea agreement effectuated on July 14.

The defendant pled guilty to criminal mischief first degree with a five-year sentence imposed. Pursuant to the recommendation by the Commonwealth, the defendant shall serve 202 days in jail with the balance probated for five years with supervision. The defendant will not receive credit for any jail time, enter and complete a long-term rehabilitation facility, and pay $2,000 in restitution along with a co-defendant.

Charges of theft by unlawful taking less than $500, burglary third degree and two counts of persistent felony offender second degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Aaron Shearer, pursuant to a plea agreement effectuated on May 5.

The defendant pled guilty to flagrant non-support and persistent felony offender second degree with a seven-year sentence imposed. Under terms of the agreement, the sentence will be probated for five years with supervision and the defendant will pay a total of $300 per month in child support/arrearage.

* During a review in the case of Commonwealth vs. Kevin Haddix, the Commonwealth recommended that upon an Alford plea of guilty to theft by unlawful taking more than $500 and persistent felony offender second degree, the defendant would receive a two year sentence probated for seven years with supervision, and receive credit for time served.

Final sentencing is scheduled for September 8.

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

The defendant pled guilty to possession of a controlled substance first degree with a three-year sentence imposed, to be probated for five years with supervision. The defendant shall be assessed by the Social Service Clinician and follow any recommendations, receive credit for time served and charges of possession of marijuana and drug paraphernalia will be dismissed.

* During a revocation hearing in the case of Commonwealth vs. Jason L. Savage, upon a plea of guilty to flagrant non-support, the defendant will receive a three-year sentence, probated for five years with supervision and pay child support pursuant to the wage assignment currently in place.

Final sentencing is scheduled for September 8.

Arraignments: The following defendants were arraigned with trial dates being scheduled:

* Steven A. Swift, charged with criminal trespassing third degree, burglary third degree and criminal mischief first degree, not guilty plea entered with a pretrial conference scheduled for October 13 and a trial date for December 14.

* Tina Marie Garrett, charged with cultivation of marijuana, five or more plants, not guilty plea entered with a pretrial conference set for September 8 and a trial date for September 14.

* Charles Shane Garrett, charged with cultivation of marijuana five or more plants and tampering with physical evidence, not guilty plea entered with a pretrial conference set for September 8 and trial date for September 14.

* Phillip P. Cape, charged with first degree assault, not guilty plea entered with a pretrial conference set for October 13 and trial date for December 7.

* Francisco Box-Hernandez, charged with two counts of third degree sodomy, the court allowed attorney David Cross to withdraw as council, with public defender appointed to represent the defendant. A not guilty plea was entered with a pretrial conference set for December 1 and a trial date for January 4 and 5, 2017.

Other cases:

* During a pretrial conference in the case of Commonwealth vs. William Lafayette Wood, charged with flagrant non-support, and persistent felony offender second degree, a pretrial conference was scheduled for September 8 and trial date for October 5.

* During sentencing in the case of Commonwealth vs. Frankie Lee Booher, Jr., the court noted the defendant is to be assessed regarding eligibility for the Clinton County Drug Court Program, with sentencing passed to September 8.

* During a pretrial conference in the case of Commonwealth vs. George Wray Cole, charged with two counts of second degree unlawful imprisonment and one count of first degree sexual abuse, the September 14 trial date was cancelled, with a new trial scheduled for December 13 and a pretrial conference for October 13.

* During a pretrial conference in the case of Commonwealth vs. Brian L. Martin, charged with possession of a destructive device, drug paraphernalia, meth precursor, manufacturing meth first offense and possession of a controlled substance first degree (meth), the trial date remains scheduled for September 13.

* Jacqueline Suzanne Martin, charged with possession of a destructive device, drug paraphernalia, controlled substance first degree (meth, manufacturing meth and possession of a meth precursor, first offense), the trial date of September 13 remains scheduled.

Also during a pretrial conference, Ricky Lee York, who is charged in connection with a home fire with three individuals inside the residence, during a pretrial conference, had another such proceeding scheduled for September 8.

York is charged with three counts of attempted murder, one count of first degree arson and four counts of second degree persistent felony offender.

Several other cases were continued or scheduled for review at a later date and some defendants were arraigned with no actual trial dates being scheduled at this time.