September term of Clinton Circuit Court held

Posted September 21, 2016 at 8:33 am

The monthly term of Clinton Circuit Court was held Thursday, September 8 with several cases on the docket with Circuit Judge David L. Williams presiding.

The following are cases in which some type of resolutions were reached, either through sentencing, plea agreements, or other official rulings by the court:

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

The Commonwealth recommended dismissing charges of criminal possession of a forged instrument second degree (seven counts). Upon a plea of guilty to criminal possession of a forged instrument second degree (three counts under a separate indictment), the defendant shall receive a five-year sentence on each count to run concurrent for a total of five years. The two five-year sentences shall run concurrent for a total of five years, pretrial diverted for five years with supervision and the defendant shall pay restitution in the amount of $734.45 plus any bank fees.

* Sentencing was held in the case of Commonwealth vs. Kevin Haddix, pursuant to an Alford Plea effectuated on August 11.

The defendant pled guilty to theft by unlawful taking or disposition more than $500 with a two-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall receive a two-year sentence, probated for seven years with supervision and receive credit for any time served. A charge of persistent felony offender second degree was dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Charles Shane Garrett.

The Commonwealth recommended amending the charge of cultivation of marijuana five or more plants to cultivation under five plants. The Commonwealth further recommended dismissing the charge of tampering with physical evidence. Upon a plea of guilty to cultivation of marijuana less than five plants, the defendant shall receive a sentence of six months, probated for 12 months with supervision.

A misdemeanor judgment was entered.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tina Marie Garrett.

The Commonwealth recommended amending the charge of cultivation of marijuana five or more plants to cultivation less than five plants. The Commonwealth further recommended dismissing the charge of tampering with physical evidence. Upon a plea of guilty to cultivation of marijuana less than five plants the defendant shall receive a sentence of six months, probated for 12 months with supervision.

A misdemeanor judgement was entered.

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

The Commonwealth recommended dismissing the charge of possession of a controlled substance first degree. Upon a plea of guilty to possession of drug paraphernalia, the defendant shall pay a $100 fine to be paid within 120 days of release from incarceration.

A misdemeanor judgement was entered.

* During arraignment, an agreement was reached in the case of Commonwealth vs. Justin Obrien Wisdom.

The Commonwealth recommended amending the charge of possession of a controlled substance first degree to second degree. Upon a plea of guilty to possession of a controlled substance second degree, the defendant shall receive a sentence of 30 days, probated for 12 months with supervision and receive credit for time served.

A misdemeanor judgement was entered.

* Sentencing was held in the case of Commonwealth vs. Jason Lee Savage, pursuant to a plea agreement effectuated on August 11.

The defendant pled guilty to flagrant non-support with a three-year sentence imposed, probated for five years with supervision. The defendant shall receive credit for time serve and a separate indictment was dismissed.

* Arraignment was held for Travis C. Flowers, charged with two counts of theft by unlawful taking. The court scheduled a trial date for November 21-22 with a pretrial conference on October 13.

* Arraignment was held for Jonathan T. Dyer, charged with wanton endangerment and various traffic violations. A trial date was scheduled for December 7 with a pretrial conference for November 3.

* Arraignment was held fro Johnny L. Burchett, charged with trafficking in a controlled substance, possession of a controlled substance, and persistent felony offender. A trial date was scheduled for November 21-22 with a pretrial conference on November 3.

* During a revocation hearing in the case of Commonwealth vs. Jonathon Wary, charged with theft by deception, the defendant acknowledged having violated the terms and conditions of probation and same was revoked.

* During a revocation hearing in the case of Jamie Nicole Scott, charged with possession of a controlled substance, the defendant acknowledged having violated the terms and conditions of probation, the same was revoked.

* During motion hour, in the case of Commonwealth vs. Jason Craig, charged with trafficking in a controlled substance second degree first offense, burglary, criminal mischief, and persistent felony offender the court granted the defense motion for shock probation. The defendant shall serve 11 months, given credit for time served, and enter and complete the Clinton County Drug Court Program.

* During sentencing, in the case of Commonwealth vs. Frankie Lee Booher, Jr., charged with flagrant non-support, the court reinstated pretrial diversion with the condition the defendant enter and complete the Clinton County Drug Court Program.

— Trial dates:

Jacqueline Suzann Martin, charged with possession of a destrucive/booby trap device, possession of a controlled substance, and manufacturing meth, the trial scheduled in the action is January 4-5, 2017 with a pretrial conference November 3.

* Brian L. Martin, charged with possession of a destructive/booby trap device, manufacturing methamphetamine and possession of a controlled substance, a trial of January 4-5, 2017 is scheduled with a pretrial conference November 3.

* Darrell Dalton, charged with trafficking in a controlled substance, the trial date of October 12 was continued to December 13-14 with a pretrial conference on December 1.

* Michael Dalton, charged with one count of marijuana cultivation over five plants and three counts under five plants, the trial date of October 11-12 was continued to December 13-14 with a pretrial conference scheduled for December 1.

* William Lafayette Woods, charged with flagrant non-support and persistent felony offender, the case remains set for trial on October 5.

* Danny R. Neal, charged with theft by unlawful taking and two counts of persistent felony offender, the trail remains set for October 25-26.

* During a review in the case of Commonwealth vs. Jimmy K. Simmons, charged with multiple counts of theft by failure to make required disposition, the matter was dismissed with prejudice and an order entered.

* During motion hour, in the case of Commonwealth vs. Chris Burkett, charged with flagrant non-support, the defendant did not appear and a criminal summons was issued requiring the defendant to appear on October 13.

Several other cases were continued for review, new pretrial conference dates and some defendants were to be assessed for the Drug Court Program of Social Service Clinician programs, among others and several motions seeking destruction of evidence in cases were sustained by the court.