A second monthly session of Clinton Circuit Court was held last Monday, July 18 with Circuit Judge Eddie C. Lovelace presiding over a host of cases. Some defendants were formally sentenced, and others reached plea agreements among other actions taken.
The following are cases in which some type of resolutions were reached and/or trial dates set:
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Harold Ray Amos. The prosecution recommended that charges of controlled substance endangerment of a child-fourth degree and possession of a handgun by a convicted felon be dismissed. Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 13-year sentence.
Final sentencing is scheduled for August 15.
* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Christopher Ayers. The prosecution recommended that a charge of second degree burglary be amended to third degree burglary, with a five year sentence imposed, pretrial diverted for five years with supervision. The defendant is also to enroll and complete the Clinton County Drug Court Program and pay $823.24 in restitution.
* During a revocation hearing, pretrial diversion was revoked in the case of Commonwealth vs. Wesley Brumley, pursuant to a motion filed by the prosecution.
The defendant acknowledged that on February 7, 2011 he was granted a two-year sentence, pretrial diverted for three years, on a marijuana cultivation charge. The defendant acknowledged that on June 10, he tested positive for methamphetamine.
The court revoked pretrial diversion and set final sentencing for August 15.
* Final sentencing was held in the case of Commonwealth vs. John Michael Carpenter, pursuant to a plea agreement effectuated on June 6.
The defendant pled guilty to marijuana cultivation-five plants or more, first offense and persistent felony offender-second degree with an eight-year sentence imposed, to run consecutive with a separate indictment. The defendant will receive credit for time served and under terms of the plea charges of possession of marijuana, possession of drug paraphernalia, a count of persistent felony offender-second degree in regards to possession of a firearm by a convicted felon, and possession of a firearm by a convicted felon were dismissed.
* Sentencing was held in the case of Commonwealth vs. Christopher Charles Caruthers, pursuant to a plea agreement reached on June 6.
The defendant pled guilty to unlawful transaction with a minor-second degree, with a five-year sentence imposed. Pursuant to the recommendation by the Commonwealth, the defendant will serve 120 days with the balance probated for five years with supervision. The defendant will receive credit for time served and charges of possession of marijuana and possession of drug paraphernalia were dismissed.
* Sentencing was held in the case of Commonwealth vs. Michael Gay Thrasher, pursuant to a plea agreement reached on October 10, 2010.
The defendant pled guilty to possession of a controlled substance-first degree, first offense (methamphetamine) with a two year sentence imposed. The defendant will received credit for time served.
* During motion hour, a plea agreement was made in the case of Commonwealth vs. Amanda Elaine Waid. The Commonwealth recommended the charge of theft by unlawful taking or disposition less than $500 be dismissed. Upon a plea of guilty to theft of a controlled substance, the defendant would receive a two-year sentence, pretrial diverted for two years with supervision, complete the Clinton County Drug Court Program and pay $160 in restitution.
* Sentencing was held in the case of Commonwealth vs. Daniel Ray Young, pursuant to a plea agreement effectuated on May 3. The defendant pled guilty to two counts of first degree wanton endangerment with a three year sentence imposed. The defendant shall receive credit for time served.
* During sentencing, in the case of Commonwealth vs. Michael R. Woodyard, the court informed the parties that it will not accept the proposed plea offer and set a pretrial conference for August 15. The defendant is charged with theft by deception (cold checks) under $10,000.
* During a pretrial conference in the case of Commonwealth vs. Dora Beth Baise, the court informed the parties it will not accept the proposed plea offer and scheduled a pretrial conference for September 19. The defendant is charged with tampering with physical evidence and possession of marijuana.
* During motion hour, in the case of Commonwealth vs. Jeffery D. Cooper, based upon the appearance and demeanor of the defendant, the court requested he be drug tested. The defendant tested positive for oxycodone. A contempt hearing was held with the defendant and Officer Sarah Hughes with the Department of Probation and Parole testifying. A hearing was scheduled for August 1 and the court declined to accept a plea at this time. The defendant is charged with two counts of second degree forgery and two counts of persistent felony offender-second degree.
* During a pretrial conference in the case of Commonwealth vs. Lucas T. Pettenger, charged with manufacturing methamphetamine-first offense, a trial date of October 28 was set with a pretrial conference scheduled for September 19.
* In the case of Commonwealth vs. Keith Edward Smith, charged with manufacturing meth, first offense, possession of a controlled substance, first degree (meth) and possession of a meth precursor, first offense, the case was dismissed without prejudice.
Several other cases came before the court last Monday, with those cases being delayed for various reasons, with future court dates set.