Clinton Grand Jury meets; December term of Circuit Court held

Posted December 21, 2016 at 10:24 am

The current panel of the Clinton County Grand Jury convened for the final time in 2016 on December 1 and the final regular session of Clinton Circuit Court was also conducted on the same date.

— Clinton Grand Jury: The grand jury handed down several indictments, most being multi-count charges at its December session. The following true bills were hand down in open circuit court:

* Victor J. Barnes was indicted on the alleged offenses of: manufacturing methamphetamine, Class B felony; possession of marijuana, Class B misdemeanor; trafficking in marijuana, more than eight ounces, Class D felony; trafficking in a controlled substance first degree (methamphetamine), Class C felony; possession of a controlled substance first degree, Class D felony; possession of drug paraphernalia, Class A misdemeanor; unlawful possession of a drug precursor, Class D felony; possession or use of radio capable of sending or receiving police messages, Class A misdemeanor; and, receiving stolen property more than $500, Class D felony. All of the alleged offenses were said to have occurred on or about October 6.

* Audrea D. Ruby was indicted on the alleged offenses of: manufacturing methamphetamine, Class B felony; possession of a controlled substance first degree, Class D felony; possession of drug paraphernalia, Class A misdemeanor; trafficking in controlled substances first degree (methamphetamine), Class C felony; possession of marijuana, Class B misdemeanor; and, trafficking in marijuana more than eight ounces, Class D felony. All of the alleged offenses were said to have occurred on or about October 6.

* Christopher A. Pierce was indicted on the alleged offenses of criminal mischief first degree (causing pecuniary loss of more than $1,000), Class D felony; theft by unlawful taking or disposition, more than $500 but less than $10,000, Class D felony; assault third degree (two counts), on a police officer(s), Class D felonies; resisting arrest, Class A misdemeanor; and three counts of persistent felony offender second degree, having committed the aforementioned offenses after having stood convicted of a prior felony offense within the past five years. All of the alleged offenses said to have occurred on or about November 15.

* Phillip O. Lee was indicted on the alleged offenses of assault second degree, Class C felony and persistent felony offender second degree, with said offenses having occurred after the defendant had stood convicted of a prior felony offense within the past five years. The alleged offenses said to have occurred on or abut November 14.

* Todd A. Abbott was indicted on the alleged offenses of possession of a defaced firearm, Class A misdemeanor and possession of a handgun by a convicted felon, Class D felony. The alleged offenses said having to occurred on or about November 8.

* Harold A. Tuell was indicted on the alleged offense of second degree escape, Class D felony, when he intentionally escaped custody of the Clinton County Jail on or about October 26.

(Editor’s Note: An indictment is a statement of probable cause to believe a crime has been committed and further court proceedings are warranted. Individuals named in an indictment are presumed innocent unless proven guilty in court. Grand jury indictments are also a matter of public record.)

— Clinton Circuit Court:

The final 2016 term of Clinton Circuit Court was also held on Thursday, December 1 with Circuit Judge David L. Williams presiding over a heavy docket.

The following are cases in which some type of resolutions were reached, such as formal sentencing, plea agreements, ruling made and or trial dates being scheduled.

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

The Commonwealth recommended dismissing charges of possession of marijuana and trafficking in a controlled substance first degree (meth). Upon a plea of guilty to possession of a firearm by a convicted felon the defendant shall receive a sentence of three years. Upon a plea of guilty to possession of a controlled substance first degree, defendant shall receive a sentence of three years, the two sentences to run concurrent for three years to serve.

Final sentencing is scheduled for January 12.

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

The Commonwealth recommended dismissing the charge of criminal trespassing third degree. Upon a plea of guilty to burglary third degree, the defendant would receive a sentence of five years. Upon a plea of guilty to criminal mischief first degree, a sentence of five years, to run concurrent for a total of five years, pretrial diverted for five years with supervision. The defendant shall be given credit for time served, be assessed by the Social Service Clinician and pay restitution in the amount of $3,975.00.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Francisco Box-Hernandez.

The Commonwealth recommended dismissing the charge of sodomy third degree (one count), and amending the charge of sodomy third degree (one count) to wanton endangerment first degree. Upon a plea of guilty to the wanton endangerment charge, the defendant would receive a sentence of two years to serve.

Final sentencing is scheduled for January 12.

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

The Commonwealth recommended that upon a plea of guilty to criminal possession of a forged instrument second degree (four counts), the defendant would receive a sentence of three years on each count to run concurrent for three years, pretrial diverted for three years with supervision.

The defendant shall pay restitution in the amount of $1,000 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. Justin Joe Daley.

The Commonwealth recommended dismissing the charge of criminal trespass first degree and amending the charge of burglary second degree to third degree. Upon a plea of guilty to the lesser charge, the defendant shall receive a sentence of one year to serve consecutively with a separate indictment in Clinton Circuit Court.

Final sentencing is scheduled for January 12.

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

The Commonwealth recommended that upon a plea of guilty to flagrant non-support, the defendant would receive a sentence of five years, pretrial diverted for five years with supervision. The defendant shall pay child support in the amount of $202.21 per month, plus additional $100 in arrearage for a total of $302.21 per month.

* During a motion hearing, in the case of Commonwealth vs. Ronda Jennifer Aaron, charged with possession of a controlled substance and endangerment to a child fourth degree, the Court determined the defendant had violated terms and conditions of partial diversion and revoked same.

Final sentencing is scheduled for January 12.

* During a revocation hearing in the case of Commonwealth vs. Justin Joe Daley, charged with receiving stolen property, the defendant acknowledged having violating terms and conditions of pretrial diversion, which the Court ordered revoked.

Final sentencing is scheduled for January 12.

* During a motion hearing in the case of Commonwealth vs. Jonathan Stuber, charged with possession of a controlled substance, flagrant non-support and several other drug related violations, the defendant acknowledged having violated terms and conditions of probation. The Court revoked probation. The defendant will receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Contessa M. Gore, charged with operating a motor vehicle under the influence, receiving stolen property under $10,000 and other traffic related violations, the Court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

Final sentencing is scheduled for January 12.

* Arraignment was held in the case of Commonwealth vs. John Harlen Brown, charged with fleeing or evading, wanton endangerment, possession of a controlled substance and persistent felony offender.

The defendant entered a plea of not guilty. A pretrial conference was scheduled for January 12 and a trial date for February 21.

*Arraignment was held in the case of Commonwealth vs. Carah W. Bell, charged with theft by unlawful taking, auto, under $10,000.

The defendant entered a plea of not guilty. A pretrial conference was scheduled for January 12 and trial date for February 21.

* In the case of Commonwealth vs. Amanda Bertram, charged with 22 counts of criminal possession of a forged instrument, the Court continued the case and ordered the defendant to be placed in NCIC.

* In the case of Commonwealth vs. Jason Guffey, charged with 36 counts of criminal possession of a forged instrument, the Court continued the case and ordered the defendant be placed in NCIC.

* During a pretrial conference in the case of Commonwealth vs. Byron R. Taylor, charged with theft by unlawful taking under $10,000, auto and persistent felony offender second degree, a trial date was scheduled for February 21 with a pretrial conference January 12.

* During a pretrial conference in the case of Commonwealth vs. Robert Hockenberry, Jr., charged with theft by failure to make required disposition, a trial date was scheduled for February 10 with a pretrial conference January 12.

* During a pretrial conference in the case of Commonwealth vs. Jonathan T. Dyer, charged with wanton endangerment and several traffic related offenses, the trial date scheduled for December 7 was continued with another pretrial conference scheduled for April 3, 2017.

* During a pretrial conference in the case of Commonwealth vs. Michael Dalton, charged with multiple counts of trafficking in marijuana over eight ounces but less than five pounds, the trial scheduled for December 13-14 was continued with a new trial date scheduled for April 18-19, 2017 and a pretrial conference for February 9.

* During a pretrial conference in the case of Commonwealth vs. Darrell Dalton, charged with trafficking in a controlled substance second degree, first offense, the trial date of December 13-14 was continued until April 18-19, 2017 with a pretrial conference set for February 9.

* During motion hour in the case of Commonwealth vs. Michael Knox Asberry, charged with second degree assault and theft by unlawful taking, the trial date of January 18 was continued with a pretrial conference scheduled for January 12.

* In the case of Commonwealth vs. Phillip P. Cape, charged with wanton endangerment first degree and assault first degree, sentencing was continuing to April 13.

* During a pretrial conference in the case of Commonwealth vs. George W. Cole, charged with unlawful imprisonment second degree and sexual abuse first degree, the trial scheduled for December 13-14 was continued with a Bell Hearing scheduled for January 12 and a new trial scheduled for April 18-19.

* During a pretrial conference in the case of Commonwealth vs. Tonya Conaster, charged with criminal possession of a forged instrument and persistent felony offender second degree, the trial scheduled for January 18 was continued with a new trial scheduled of January 4, 2017.

* In the case of Commonwealth vs. Dwight Junior Guffey, charged with possession of a controlled substance, promoting contraband and persistent felony offender, the Court granted the motion for shock probation. The defendant shall be probated for five years and enter and complete a substance abuse program.

* In the case of Commonwealth vs. Gabrielle Nicole Guthrie, originally charged with possession of a meth precursor and traffic related offenses, the matter was dismssed/diverted.

* In the case of Commonwealth vs. Tommy Eugene Phillips, charged with theft by unlawful taking, persistent felony offender and forgery, the defendant did not appear. The Court noted a warrant of arrest had previously been issued.

* During a review, in the case of Commonwealth vs. William Allen Sheckles, charged with flagrant non-support, the defendant did not appear and a warrant of arrest was issued.

Several other cases were on the docket in December and continued for various legal proceedings and some defendants were arraigned, with only pretrial conference dates and no trial dates being set at this time.