June term of circuit court held

Posted June 21, 2017 at 8:48 am

The monthly term of Clinton Circuit Court was conducted Thursday, June 8 with Circuit Judge David L. Williams presiding over the court proceedings.

The following are cases in which some type of resolutions were made, either sentencing, plea agreements, rulings and/or trial dates scheduled.

* Sentencing was held in the case of Commonwealth vs. Jonathan T. Dyer, pursuant to a plea agreement reached on May 11.

The defendant pled guilty to wanton endangerment first degree with a three-year sentence imposed, probated for four years with supervision, and guilty to operating a motor vehicle while under the influence, third offense with a 30-day sentence imposed, plus a fine and court cost in the amount of $500 and the defendant will receive credit for time served.

The following charges were dismissed: fleeing or evading police second degree, disregarding a stop sign, leaving the scene of an accident/fail to render assistance, operating a motor vehicle on revoked or suspended license for DUI, third or subsequent offense.

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

The Commonwealth recommended dismissing the charge of persistent felony offender second degree. Upon a plea of guilty to theft by unlawful taking over $500, the defendant shall receive a five-year sentence, probated for five years with supervision and pay restitution in the amount of $4,500.00

Final sentencing is scheduled for July 13.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Carah W. Bell.

The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking or disposition, the defendant would receive a one-year sentence, to run consecutive with a Wayne County indictment.

Final sentencing is scheduled for July 13.

* During a case review, a plea agreement was reached in the case of Commonwealth vs. Thomas Joe Tucker.

The Commonwealth recommended that upon a plea of guilty to flagrant non-support, the defendant would receive a five-year sentence, probated for five years with supervision and pay regular and arrearage child support in the total sum of $261.00 monthly.

Final sentencing is scheduled for July 13.

* During a case review, a plea agreement was reached in the case of Commonwealth vs. Douglas Eugene Wade.

The Commonwealth recommended that upon a plea of guilty to flagrant non-support, the defendant would receive a sentence of two years, pretrial diverted for five years with supervision and pay regular and arrearage child support in the amount of $231.50.

* During a revocation hearing in the case of Commonwealth vs. Shayne Capps, charged with terroristic threatening, assault second degree and wanton endangerment first degree, the court determined the defendant had violated terms of probation and revoked same.

Final sentencing is scheduled for July 13.

* During a pretrial conference in the case of Commonwealth vs. Anthony B. Lee, charged with assault second degree, the court wrote the case remains set for trial on August 15.

* During a pretrial conference, in the case of Commonwealth vs. Joshua Elbie Davis, charged with cultivation of marijuana, five or more plants, first offense, a trial was scheduled for August 14 and a pretrial conference for July 13.

* During a pretrial conference in the case of Commonwealth vs. Michael Dalton, charged with four counts of trafficking in marijuana over eight ounces but less than five pounds, first offense, a trial date was scheduled for September 26-27 with a pretrial conference on July 13.

* During a pretrial conference in the case of Commonwealth vs. Robbie K. Conner, charged with first degree wanton endangerment and DUI, a trial date was scheduled for September 20 and pretrial conference for July 13.

* During a pretrial conference in the case of Commonwealth vs. Darrell Dalton, charged with trafficking in a controlled substance, drug unspecified, first offense, a trial date was scheduled for September 26-27 and pretrial conference for July 13.

* During a pretrial conference in the case of Commonwealth vs. Shirley D. Conaster, charged with cultivation of marijuana less than eight ounces, cultivation of five or more plants, possession of marijuana and drug paraphernalia, a trial date was scheduled for August 14 with a pretrial conference for July 13.

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

* During a revocation hearing in the case of Commonwealth vs. Luther Shawn Conner, charged with flagrant non-support, the defendant did not appear. An arrest warrant was issued and the court wrote “the defendant is to be held without bond.”

* During arraignment, in the case of Commonwealth vs. Ashley Armstrong, charged with receiving stolen property under $10,000, the defendant did not appear and an arrest warrant was issued and the court wrote, “the defendant is to be held without bond.”

* During a revocation hearing in the case of Commonwealth vs. Todd A. Abbott, charged with possession of a defaced firearm and convicted felon in possession of a firearm, the defendant did not appear, a warrant of arrest was issued and he was placed on NCIC.

* During motion hour, in the case of Commonwealth vs. Michael K. Asberry, charged with assault second degree and theft by unlawful taking the court denied the defendant’s JNOV (verdict now withstanding the verdict) motion.

* During a pretrial conference in the case of Commonwealth vs. Adam Barnes, originally charged with criminal possession of a forged instrument second degree, the matter was dismissed.

* During a pretrial conference in the case of Commonwealth vs. Darrell Dalton, originally charged with trafficking in a controlled substance first offense, the court ordered the indictment on this charge dismissed.

* During a pretrial conference in the case of Commonwealth vs. Michael Dalton originally charged with trafficking in marijuana, eight ounces and less than five pounds, the court ordered the indictment be dismissed.

* During motion hour, in the case of Commonwealth vs. Jonah Jones, originally charged with two counts of burglary third degree, criminal mischief third and criminal mischief first, the court ordered the matter dismissed/diverted.

Several defendants were arraigned, entered not guilty pleas and had pretrial conferences scheduled.