Grand jury, circuit court sessions held for October

Posted October 19, 2016 at 8:12 am

The Clinton County Grand Jury convened and the monthly term of Clinton Circuit Court, with judge David L. Williams presiding, were both held last Thursday, October 6. The following are the results of each court session:

— Grand Jury. The local grand jury, convening in regular session, returned indictments which were opened in Clinton Circuit Court. The following true bills were returned:

* Ted A. Weiss, the alleged offenses of carrying a concealed weapon by prior deadly weapon felony offender, Class D felony; burglary second degree, Class C felony; possession of drug paraphernalia and unauthorized use of automobile or other propelled vehicle (misdemeanors) and persistent felony offender second degree. The offenses alleged occurred on or about September 11.

* Lois B. Malone, the alleged offenses of possession of a controlled substance first degree, Class D felony; prohibited use of a license and possession of drug paraphernalia (misdemeanors). The alleged offenses having occurred on or about May 29.

* Robert Hockenberry, Jr., the alleged offense of theft by failure to make required disposition (two counts), Class D felony with the alleged offenses having occurred on or about July 14 and August 15.

* Justin Joe Daley, the alleged offenses of criminal trespass first degree (Class A misdemeanor) and burglary second degree, class C felony. The alleged offenses having occurred on or about July 11.

* Janet Ballew, the alleged offenses of possession of a controlled substance third degree (three counts); possession of drug paraphernalia (misdemeanors); and two counts of possession of a controlled substance first degree, Class D felony. The alleged offenses having occurred on or about July 15.

* Byron R. Taylor, the alleged offenses of theft by unlawful taking or disposition over $500 but less than $10,000, Class D felony and persistent felony offender second degree. The alleged offenses having occurred on or about July 11.

* Carah W. Bell, the alleged offense of theft by unlawful taking or disposition over $500 but less than $10,000, Class D felony. The alleged offense having occurred on or about July 11.

* Sharla Brown, the alleged offense of fraud or false statement in obtaining assistance benefits, Class D felony. The alleged offense having occurred on or about January 30.

* Tiana Smith, the alleged offenses of criminal possession of a forged instrument (five counts), Class D felony. The alleged offenses having occurred on or about August 20 through August 28.

* Lanny D. Allen, the alleged offense of receiving stolen property (three counts), Class D felony. The alleged offenses having occurred on or about July 19.

(Editor’s Note: An indictment is a statement of probable cause to believe an offense has been committed and further court proceedings are warranted. Those individuals named in an indictment are presumed innocent unless proven guilty in court.)

— Clinton Circuit Court:

Clinton Circuit Court also held its monthly session with judge David L. Williams presiding over the docket. The following are cases in which some type of resolutions were reached or rulings made by the court.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Danny R. Neal.

The Commonwealth recommended dismissing the charges of burglary third degree and persistent felony offender second degree under one indictment and further recommended dismissing the following charges on a separate indictment, theft by unlawful taking over $500, burglary third degree and two counts of persistent felony offender second degree.

Upon a plea of guilty to theft by unlawful taking over $500 and persistent felony offender second degree under one indictment, the defendant would receive a 10-year sentence and upon a plea of guilty to theft of property lost, mislaid or delivered by mistake and persistent felony offender second degree under another indictment, the defendant would receive a 10-year sentence. The two sentences would run consecutive for a total of 20 years, with the defendant to serve 11 months with the balance pretrial diverted for five years with supervision. The defendant shall also pay a total of $8,100 in restitution.

Final sentencing has been scheduled for November 3.

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

The Commonwealth recommended amending the charge of assault first degree to second degree under one indictment. Upon a plea of guilty to assault second degree, the defendant shall receive a 10-year sentence. Upon a guilty plea to wanton endangerment in a separate indictment, the defendant would receive a two-year sentence. The sentences would run concurrent for 12 years with the defendant to serve 11 months with the balance probated for five years with supervision. The defendant shall also pay restitution in the amount of $3,200.

Final sentencing was scheduled for December 1.

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

The Commonwealth recommended dismissing the charges of drug paraphernalia and possession of marijuana. Upon a plea of guilty to possession of a controlled substance first degree, first offense (meth), the defendant would receive a sentence of three years, pretrial diverted for five years, receive credit for time served and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Travis C. Flowers.

The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking over $500, the defendant would receive a sentence of two years, pretrial diverted for three years with supervision and pay restitution in the amount of $3,000.

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

The Commonwealth recommended that upon a plea of guilty to flagrant nonsupport, the defendant would receive a five year sentence, pretrial diverted for four years or until arrearage of $21,583.74 is paid in full.

* During motion hour, in the case of Commonwealth vs. Tohawnee Davidson, the defendant acknowledged having violated the terms and conditions of probation, and the court revoked same.

* During a review, in the case of Commonwealth vs. Stephanie Myers, the court determined the defendant had violated terms and conditions of pretrial diversion and revoked same, setting final sentencing for November 3.

* During arraignment, in the case of Commonwealth vs. Michael Dalton, charged with three counts of trafficking in marijuana less than five pounds and one count of more than five pounds, the defendant entered a not guilty plea with a pretrial conference scheduled for December 1 and a trial date set for December 13 and 14.

* During arraignment in the case of Commonwealth vs. Darrell Dalton, charged with trafficking in a controlled substance second degree, first offense, the defendant entered a plea of not guilty. The court set a pretrial conference for December 1 and scheduled at trial date for December 13 and 14.

* During arraignment in the case of Commonwealth vs. Tonya Conatser, charged with four counts each of criminal possession of a forged instrument and persistent felony offender second degree, the defendant entered a plea of not guilty with a pretrial conference scheduled for December 1, 2016 and a trial date for January 18, 2017.

* During arraignment in the case of Commonwealth vs. Michael Knox Asberry, charged with second degree assault and theft by unlawful taking, the defendant entered a not guilty plea. The court set a pretrial conference for November 3 and scheduled a trial date for January 18, 2017.

* During motion hour, in the case of Commonwealth vs. David Bryan Brown, charged with four counts of theft by unlawful taking, and one count each of burglary third degree and criminal trespass second degree, the motion for shock probation was continued and the defendant is to be assessed by the Social Services Clinician.

* During a review in the case of Commonwealth vs. Chris Burkett, the court noted the defendant has been paying child support and sustained the Commonwealth’s motion to dismiss.

* During motion hour, in the case of Commonwealth vs. Randell Scott Church, the court noted the defendant had paid child support full in full and ordered the case dismissed.

Several other cases were on the docket October 6, which were continued for various reasons, including defendants awaiting an opening in drug court while revocation and other hearings were continued.