circuit court term held

The Clinton County Grand Jury and Clinton Circuit Court each convened for its monthly session on Thursday, February 10.

The grand jury returned true bills in open court against three individuals as follows:

* Robbie K. Conner, the alleged offenses of wanton endangerment-first degree, Class D felony, by operating a motor vehicle under the influence of methamphetamine while having a minor passenger in his vehicle and operating a motor vehicle under the influence of alcohol or other substance. The alleged offense having occurred on or about May 16, 2016.

* Nathan M. Gray, the alleged offenses of possession of a controlled substance-first degree, Class D felony, possession of drug paraphernalia and possession of marijuana, Class B misdemeanor. The alleged offenses having occurred on or about October 8, 2016.

* Joseph B. Allred, the alleged offenses of failure to produce insurance card, driving on suspended or revoked license, possession of drug paraphernalia, rear license not illuminated (misdemeanors) and possession of a controlled substance-first degree, Class D felony. The alleged offenses having occurred on or about December 2, 2016.

(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 until proven guilty in court.)

A monthly term of Clinton Circuit Court was also held February 9 with Circuit Judge David L. Williams presiding over the docket.

The following are cases in which some type of resolutions were reached in cases:

* Sentencing was held in the case of Commonwealth vs. Contessa M. Gore, pursuant to a motion by the Commonwealth to revoke pretrial diversion. The court determined the defendant had violated the terms and conditions of diversion and revoked same.

The court deemed the defendant guilty of fleeting or evading police-first degree, with a five year sentence imposed, guilty of receiving stolen property over $500 with a five-year sentence, and guilty of possession of a controlled substance not in original container, with a three-year sentence, all to run concurrent for five years. The defendant will receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. John Harlen Brown.

The Commonwealth recommended dismissing the following charges: assault-third degree, one count; possession of a controlled substance-first degree and possession of drug paraphernalia.

Upon a plea of guilty to wanton endangerment-first degree and persistent felony offender-second degree, the defendant would receive a sentence of 10 years. Upon a plea of guilty to fleeing or evading police-first degree and persistent felony offense-second degree under a separate indictment, the defendant would receive 10 years, to run concurrent for a total of 10 years. The defendant shall serve a total of nine months in jail, with the balance probated for five years with supervision and after completion of the sentence, enter and complete the Clinton County Drug Court Program.

Final sentencing is scheduled for March 2.

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

The Commonwealth recommended dismissing the charge of persistent felony offender-second degree. Upon a plea of guilty to assault-second degree, the defendant shall receive a 10-year sentence, serve 150 days in jail with the balance probated for five years with supervision.

Final sentencing is scheduled for March 2.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Todd A. Abbott.

The Commonwealth recommended dismissing the charge of possession of a defaced firearm. Upon a plea of guilty to possession of a firearm by a convicted felon, the defendant would receive a five years sentence, serve 74 days in jail, with the balance probated for five years with supervision.

Final sentencing is scheduled for March 2.

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

The Commonwealth recommended that upon a plea of guilty to 36 counts of criminal possession of a forged instrument-second degree, the defendant would receive a sentence of five years on each count to run concurrent for five years, pretrial diverted for five years with supervision. In addition, he is to pay restitution in the amount of $48,062.71 at $200 per month and also agrees to furnish proof and pay 80 percent of his tax refund.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Lois B. Malone.

The Commonwealth recommended dismissing charges of failure to surrender revoked operator’s license and drug paraphernalia. Upon a plea of guilty to possession of a controlled substance-first degree, the defendant would receive a three-year sentence, pretrial diverted for three years with supervision, and if accepted, enter and complete the Clinton County Drug Court Program.

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

The Commonwealth recommended amending the charge of escape-second degree to escape-third degree. Upon a plea to the lesser charge, the defendant would receive a six month sentence, probated for 12 months with supervision and a misdemeanor judgment was entered.

* During a pretrial conference in the case of Commonwealth vs. Victor Barnes, pretrial services reported the defendant has missed several scheduled drug tests. The court requested the defendant be drug tested. He tested positive for multiple controlled substances and his bond was revoked with a pretrial conference scheduled for March 2.

* During a pretrial conference in the case of Commonwealth vs. Carah W. Bell, charged with theft by unlawful taking or disposition (auto), $500 or more, the defendant did not appear and it was reported she had broken her ankle monitor. A warrant of arrest was issued and the trial scheduled for February 21 was continued with a pretrial conference scheduled for March 2.

* During a review, in the case of Commonwealth vs. Leora Fulton, charged with theft by unlawful taking or disposition (auto), over $500 and persistent felony offender-second degree, the defendant did not appear. There is an active order of arrest and the defendant shall be placed in NCIC.

* During a revocation hearing in the case of Commonwealth vs. Aaron Shearer, charged with flagrant non-support, the defendant did not appear. An active arrest warrant in place.

* During a pretrial conference, in the case of Commonwealth vs. Byron R. Taylor, charged with theft by unlawful taking over $500 but under $10,000 and persistent felony offender-second degree, the trial date originally scheduled for February 21 was continued, with another pretrial conference scheduled for March 2.

Several other cases were on the docket, with some revocation hearings being continued, pretrial conference dates scheduled, case reviews scheduled and other continuances for various reasons.