August term of Clinton Circuit Court held

Posted September 6, 2017 at 9:28 am

A term of Clinton Circuit Court was conducted on August 18, 2017 with Judge David L. Williams presiding over the court calendar.

In the case of Commonwealth vs. Danny Joe Stearns, during motion hour to determine the defendant’s competency to stand trial, the court noted the trial date remains scheduled for November 13 at 9 a.m. That is the same date for co-defendant Lisa Sue York, as the pair is charged with attempted murder, first degree assault, theft or disposition of property (auto) and theft by failure to make required disposition of property.

The pair is accused in relation to an incident involving an elderly Clinton County man in November of last year.

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

* Sentencing was held in the case of Commonwealth vs. Travis C. Flowers, pursuant to a motion to revoke pretrial diversion heard on July 13.

The court revoked pretrial diversion and determined the defendant was guilty of theft by unlawful taking over $500 and a two year sentence was imposed, probated for three years with supervision and the defendant shall enter and complete the Clinton County Drug Court Program and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. William York, pursuant to a motion to revoke pretrial diversion heard on July 27.

The court determined the defendant was guilty of flagrant non-support and a two year sentence was imposed, with the defendant to receive credit for any time already served.

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

The Commonwealth recommended amending the charge of possession of a handgun by a convicted felon to possession of a firearm by a convicted felon. Upon a plea of guilty to possession of a firearm by a convicted felon, the defendant shall serve a sentence of two years, probated two years with supervision, not have any contact with the victim and receive credit for time served.

Final sentencing is scheduled for September 14.

Further, the Commonwealth moved, and the court sustained a motion to dismiss two charges of wanton endangerment and one count of persistent felony offender.

* A plea agreement was reached in the case of Commonwealth vs. Nathan M. Gray.

The Commonwealth recommended dismissing charges of possession of marijuana and possession of drug paraphernalia. Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall serve a sentence of three years, probated for three years with supervision, and be assessed by the Social Services Clinician.

Final sentencing is scheduled for September 14.

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

The Commonwealth recommended amending the charge of possession of a handgun by a convicted felon to possession of a firearm by a convicted felon. Upon a plea of guilty to the amended charge, the defendant would receive a two year sentence, probated for two years with supervision, have no contact with the victim and receive credit for time served.

Final sentencing is scheduled for September 14.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Shirley D. Conaster.

The Commonwealth recommended dismissing the following charges: trafficking in marijuana, possession of marijuana and possession of drug paraphernalia, and further recommended amending charges of marijuana cultivation to facilitation to marijuana cultivation. Upon a plea of guilty to the amended charge, the defendant would receive a 12 month sentence, probated for two years with supervision, forfeit $866.65 to the Commonwealth and receive credit for time served.

Further, all guns seized during the arrest shall be released to the defendant and a misdemeanor judgment was entered in the case.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joseph E. Norris.

The Commonwealth recommended that upon a plea of guilty to flagrant non-support, the defendant would receive a three year sentence and would oppose probation. Final sentencing is scheduled for September 14.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joshua Elbie Davis.

The Commonwealth recommended that upon a plea of guilty to marijuana cultivation, the defendant would receive a two year sentence, pretrial diverted for two years with supervision and received credit for time served and forfeit $866.65 with all guns seized during the arrest released to Shirley Conaster.

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

The Commonwealth recommended amending the charge of trafficking in a controlled substance first degree (Class C felony) under one indictment to a Class D felony, and further the same on a second indictment and upon a plea of guilty to the amended charges, the defendant would receive a three year sentence on each count to run consecutive for six years. The defendant would serve 60 days with the balance probated five years with supervision and be assessed by the Social Service Clinician.

Final sentencing is scheduled for September 14.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tina Geraldine Parrigin.

The Commonwealth recommended amending the charge of trafficking in a controlled substance first degree to possession first degree. Upon a plea of guilty to the amended charge, the defendant would receive a sentence of three years, probated for three years with supervision, be assessed by the Social Service Clinician and obtain employment.

Final sentencing is scheduled for September 14.

* During motion hour, on a motion to revoke probation in the case of Commonwealth vs. Matthew Shelton, charged with several drug related offenses, the court determined the defendant had violated the terms and conditions of shock probation and revoked same and ordered him to serve the balance of his sentence and receive credit for time served.

* During a pretrial conference in the case of Commonwealth vs. Angela C. York, charged with two counts of theft by unlawful taking, a trial was scheduled for September 20 with a pretrial conference on September 14.

* During a pretrial conference in the case of Commonwealth vs. Michael Dalton, charged with marijuana cultivation and trafficking in marijuana, the trial scheduled for September 27 was continued to October 16-17 with a pretrial conference on October 12.

* During a pretrial conference in the case of Commonwealth vs. Darel Eugene Dalton, charged with trafficking in a controlled substance first offense and marijuana cultivation, the trial scheduled for September 26-26 was continued to October 16-17 with a pretrial conference on October 12.

* During a pretrial conference in the case of Commonwealth vs. Jeremy Adam York, charged with two counts each of theft by unlawful taking and persistent felony offender, a trial was scheduled for September 20 with a pretrial conference on September 14.

* During a pretrial conference in the case of Commonwealth v. Laticia Ann Pierce, originally charged with manufacturing methamphetamine first offense and possession of a meth precursor and drug paraphernalia, the court sustained a Commonwealth motion to dismiss the action.

* During a pretrial conference in the case of Commonwealth vs. Teresa L. Waid, charged with manufacturing meth first offense, etal., the court ordered the defendant be assessed for the Clinton County Drug Court Program with a review scheduled for September 14.

Several other cases were on the docket on August 18, including defendants being arraigned, entering not guilty pleas and having pretrial conference dates scheduled. Also, several cases were set for review, assessments for the Drug Court Program and others continued generally for various reasons.