A monthly term of Clinton Circuit Court was held Thursday, March 2 with Circuit Judge David L. Williams presiding over several cases, with some defendants receiving formal sentences, others reaching plea agreements and several trial dates being set.
Pretrial conferences were held in some cases involving attempted murder and other charges.
Ricky Lee York, who is charged with first degree arson, three counts of attempted murder and four counts of second degree persistent felony offender, had a new trial date scheduled for July 18 and 19. He was originally scheduled to stand trial in mid-February but the trial was postponed during another pretrial conference last month.
York is charged in connection with a home fire on Old Kentucky Road last spring in which three family members were home at the time.
Also during a pretrial conference in the cases against Danny Joe Stearns and Lisa York, the court kept the trial of May 23-24 scheduled for both defendants.
They are charged in connection with the beating and robbery of a Clinton County man, Bill Russell, in an incident that occurred last November on the Bell Camp Road in the Piney Woods community.
Each defendant is charged with attempted murder, first degree assault, theft by unlawful taking (auto) over $500 but less than $10,000 and theft by failure to make required disposition.
Several other cases were on the docket this month and the following are those in which some type of resolutions were reached and/or trial dates scheduled:
* Sentencing was held in the case of Commonwealth vs. John Harlen Brown, pursuant to a plea agreement reached on February 9.
The defendant pled guilty to wanton endangerment first degree and persistent felony offender second degree, with a ten year sentence imposed. Further, the defendant pled guilty to fleeing or evading police first degree and persistent felony offender second degree (under a separate indictment), with a 10-year sentence imposed.
Pursuant to recommendation of the Commonwealth, the defendant will serve nine months, with the balance probated for five years with supervision, receive credit for time served and be assessed for the Clinton County Drug Court Program upon release.
Under the agreement, the following charges were dismissed: assault third degree, one count of persistent felony offender second degree, possession of a controlled substance first degree and possession of drug paraphernalia.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Robert Grant Hurt.
The Commonwealth recommended dismissing the charge of persistent felony offender second degree.
Upon a plea of guilty to receiving stolen property over $500 but under $10,000, the defendant would receive a five-year sentence, probated for five years with supervision, receive credit for time served, be assessed for the Clinton County Drug Court Program and pay restitution, jointly and severally, in the amount of $3,000.00.
* Final sentencing is scheduled for April 13.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Andrea D. Ruby.
The Commonwealth recommended dismissing the following charges: manufacturing methamphetamine, possession of marijuana, possession of a controlled substance first degree and possession of drug paraphernalia. The Commonwealth further recommended amending the charge of trafficking in a controlled substance first degree (meth) to unlawful possession of a meth precursor.
Upon a plea of guilty to the lesser charge, the defendant would receive a five-year sentence, serve six months in jail with the balance pretrial diverted for five years with supervision. She will receive credit for time served and be assessed for the Clinton County Drug Court Program upon release.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Victor Barnes.
The Commonwealth recommended dismissing the following charges: manufacturing methamphetamine, possession of marijuana, trafficking in marijuana, trafficking in a controlled substance (meth) first degree, possession of a controlled substance first degree, possession of drug paraphernalia and possession or use of a radio capable of sending or resolving police messages.
Upon a plea of guilty to receiving stolen property (firearm) and unlawful possession of a meth precursor, the defendant would receive a five-year sentence on each charge to run concurrent for five years. The defendant would serve six months in jail with the balance pretrial diverted for five years with supervision, receive credit for time served and be assessed for the Clinton County Drug Court Program.
* Sentencing was held in the case of Commonwealth vs. Todd A. Abbott, pursuant to a plea agreement reached on February 9.
The defendant pled guilty to possession of a firearm by a convicted felon with a five year sentence imposed. He will serve 74 days with the balance probated five years with supervision, receive credit for time served and a charge of possession of a defaced firearm was dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Amanda Bertram.
The Commonwealth recommended dismissing the following: criminal possession of a forged instrument second degree (21 counts).
Upon a plea of guilty to criminal possession of a forged instrument second degree (one count), the defendant would receive a five-year sentence, pretrial diverted for five years with supervision, enter and complete the Clinton County Drug Court Program and pay restitution in the amount of $2,736.12.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Matthew Wray.
The Commonwealth recommended dismissing the offense of obscuring the identity of a machine. Upon a plea of guilty to receiving stolen property over $500 but less than $10,000 the defendant would receive a five-year sentence, serve 90 days with the balance probated for five years with supervision and be assessed for the Clinton County Drug Court Program, and pay restitution jointly and severally in the amount of $3,000.00.
Final sentencing is scheduled for April 13.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jesse W. Phillips.
The Commonwealth recommended dismissing the following charges: theft by unlawful taking or disposition over $500 but less than $10,000 (two counts) and persistent felony offender second degree (three counts). Upon a plea of guilty to burglary third degree, the defendant shall receive a sentence of two years to serve.
Final sentencing is scheduled for April 13.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Kevin P. Scott.
The Commonwealth recommended dismissing the charge of possession of a handgun by a convicted felon and amending the charge to wanton endangerment second. Upon a plea of guilty to the lesser charge, the defendant shall receive a 12 month sentence probated for one year with supervision, receive credit for time served with a misdemeanor judgment rendered.
* During motion hour on a motion to revoke shock probation in the case of Commonwealth vs. Aaron Shearer, charged with flagrant nonsupport and persistent felony offender second degree, the defendant stipulated to having violated the terms and conditions of probation and the court revoked same.
* During a revocation hearing, in the case of Matthew Shelton, charged with cultivation of five or more plants of marijuana, manufacturing meth and persistent felony offender, etal, the defendant acknowledged having violated the terms and conditions of shock probation and the court revoked same.
* During a pretrial conference in the case of Commonwealth vs. Johnny L. Burchett, charged with trafficking in a controlled substance (meth), possession of a controlled substance, drug paraphernalia and first degree persistent felony offender, the defendant was deemed competent to stand trial and trial date was set for April 5.
* During a pretrial conference, in the case of Commonwealth vs. George W. Cole, charged with two counts of unlawful imprisonment and sexual abuse first degree, the trial date scheduled for April was continued to June 19-20.
* During a pretrial conference, in the case of Commonwealth vs. Darrell Dalton, charged with trafficking in a controlled substance second degree, the trial date remained set for April 18-19.
* During a pretrial conference in the case of Commonwealth vs. Michael Dalton, charged with trafficking in marijuana eight ounce to five counts and three counts of trafficking in five pounds or more, the trial date remains scheduled for April 18-19.
* During a pretrial conference in the case of Commonwealth vs. Tonya Conatser, originally charged with multiple counts of possession of a forged instrument and persistent felony offender, the defendant stipulated to probable cause and an order dismissing the matter was tendered.
* During arraignment in the case of Commonwealth vs. Joseph B. Allred, charged with trafficking in a controlled substance and various traffic violations, the defendant entered a not guilty plea.
The court requested the defendant be drug tested as he had not been appearing for testing with Pretrial Services. The defendant tested positive for methamphetamine and oxycodone. His bond was revoked and he was taken into custody. A pretrial conference was scheduled for May 11.
* During motion hour in the case of Commonwealth vs. Brian K. Marcum, charged with two counts each of trafficking in a controlled substance and persistent felony offender, the court noted there is an active warrant in the matter.
* During motion hour in the case of Commonwealth vs. Leora Fulton, charged with theft by unlawful taking and persistent felony offender, the court noted there is an active warrant in this matter.
* During a pretrial conference in the case of Commonwealth vs. Spencer Wallace, charged with rape second degree, the court noted the defendant is currently at KCPC and a pretrial conference was scheduled for April 13. The court also sustained a motion for discovery and inspection.
Several other cases were also on the docket in March and were continued to a later date for various reasons.