Stearns, York trials continued during October term of Circuit Court

Posted November 1, 2017 at 8:24 am

Two co-defendants who are charged with attempted murder and other offenses have had their trial dates continued once again.

During a pretrial conference in Clinton Circuit Court, also for motion for jury trial, Circuit Judge David L. Willams continued the trial dates for Danny Joe Stearns and Lisa Sue York and further scheduled another pretrial conference for both for December 7 at 9 a.m. They had originally been scheduled to stand trial on November 13.

Stearns and York are each charged with attempted murder, first degree assault, theft by failure to make required disposition of property and theft by unlawful taking over $500 but under $10,000.

The defendants are charged in connection with an incident that occurred on the Bell Camp Road in the Piney Woods community in Clinton County last November. In that incident, the defendants allegedly beat and stabbed Bill Russell, as well as robbing him and stealing his truck.

A new trial date may be set at the next preliminary hearing next month.

Several other cases were on the October docket, with the following resulting in some type of official rulings and/or actions being taken:

* Sentencing was held in the case of Commonwealth vs. Jeremy Adam York, pursuant to a plea agreement reached on September 14.

The defendant pled guilty to theft by unlawful taking over $10,000 and persistent felony offender second degree with a 10 year sentence imposed. Further, he pled guilty to theft by unlawful taking over $10,000 and persistent felony offender under a separate indictment with a seven year sentence, to run consecutively for a total of 17 years.

Pursuant to the recommendation of the Commonwealth, the defendant would serve 11 months with the balance probated five years with supervision and receive credit for time served.

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

Upon a plea of guilty to rape third degree, the defendant would receive a five year sentence and guilty to sexual abuse first degree, a five year sentence to run consecutive for 10 years. The defendant shall serve six months with the balance probated for five years with supervision and he is to have no contact with the victim.

Final sentencing is scheduled for December 2.

* During a pretrial conference a plea agreement was reached in the case of Commonwealth vs. Nathaniel Nevarez-Miess.

The Commonwealth recommended amending the charges of assault second degree to fourth degree and robbery first degree to theft by unlawful taking over $500. Upon a plea of guilty to the amended charges, the defendant would receive a sentence of five years to run concurrent, serve 300 days with the balance probated for five years with supervision, have no contact with the victim and be given credit for time served.

Final sentencing is scheduled for November 2.

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

The Commonwealth recommended amending the charge of assault second degree to fourth degree and robbery first degree to theft by unlawful taking over $500. Upon a plea of guilty to the amended charges, the defendant would receive a five year sentence to run concurrent, serve 300 days with the balance pretrial diverted for five years with supervision, have no contact with the victim and receive credit for time served. The matter was to be reviewed on November 2.

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

The Commonwealth recommended that upon a plea of guilty to assault second degree, the defendant would receive a 10 year sentence, serve 11 months, with the balance probated for five years with supervision and receive credit for time served and have no contact with the victim or immediate family.

Final sentencing is scheduled for November 2.

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

The Commonwealth recommended dismissing the following charges (under separate indictments): possession of drug paraphernalia, manufacturing methamphetamine first offense and persistent felony offender and under a separate indictment, dismissing possession of marijuana, possession of drug paraphernalia, trafficking in marijuana less than eight ounces first offense, trafficking in a controlled substance second offense, controlled substance prescription not in original container (three counts) and second degree persistent felony offender.

Upon a plea of guilty to possession of a meth precursor, the defendant would receive a five year sentence and possession of a controlled substance first degree, a three year sentence to run concurrent. The defendant shall serve 224 days with the balance probated for five years with supervision and receive credit for time served.

Final sentencing is scheduled for November 2.

* Sentencing was held in the case of Commonwealth vs. Randall G. Hicks, pursuant to a plea agreement reached on September 14.

The defendant pled guilty to trafficking in a controlled substance first degree and persistent felony offender second degree with a 10 year sentence. Pursuant to a recommendation by the Commonwealth, the defendant shall serve 159 days with the balance probated five years with supervision, be assessed by the local service clinician and receive credit for time served.

The following charges were dismissed: possession of drug paraphernalia, possession of a controlled substance first degree and carrying a concealed deadly weapon by a prior deadly weapon felony offender.

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

The Commonwealth recommended dismissing the charges of theft by unlawful taking or disposition and criminal trespass first degree. Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence and on a plea of guilty to fleeing or evading police first degree, a 10 year sentence, on a guilty plea to burglary second degree, a 10 year sentence with the three to run concurrent for 10 years.

The defendant would serve six months with the balance probated for five years with supervision and enter and complete the Clinton County Drug Court Program. Final sentencing is scheduled for November 2.

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

The Commonwealth recommended dismissing the following three counts of trafficking in marijuana and one count of trafficking in marijuana and three counts of trafficking in marijuana (firearm enhanced). Upon a plea of guilty to trafficking in marijuana (firearm enhanced), the defendant shall receive a sentence of 10 years, serve 120 days of in-home incarceration with the balance probated for five years with supervision.

The defendant shall jointly and severally with co-defendant, pay $16,150 in restitution with final sentencing scheduled for December 7.

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

The Commonwealth recommended dismissing the charge of trafficking in a controlled substance second degree (two counts in separate indictments). Upon a plea of guilty to marijuana cultivation, the defendant would receive a three year sentence, pretrial diverted for three years with supervision and pay restitution, jointly and severally with co-defendant, in the amount of $16,150.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Willie Kay Ferrell.

The Commonwealth recommended dismissing the charges of criminal trespass third degree and criminal mischief third degree. Upon a guilty plea to burglary third degree, the defendant would receive a five year sentence, pretrial diverted for five years with supervision and pay restitution in the amount of $792.00.

* A plea agreement was reached in the case of Commonwealth vs. Jacob Guffey.

The Commonwealth recommended that upon a plea of guilty to receiving stolen property under $10,000, the defendant would receive a five year sentence, pretrial diverted for five years with supervision and pay all court costs.

* Sentencing was held in the case of Commonwealth vs. Elisha Tweedy, pursuant to a plea agreement reached on September 14.

The defendant pled guilty to possession of a controlled substance first degree (three counts) with a two year sentence on each count to run consecutive for six years. Pursuant to the recommendation by the Commonwealth, the sentence would be probated for five years with supervision and the defendant would receive credit for time served. Also charges of trafficking in a controlled substance first degree, one count, was dismissed.

* During a revocation hearing, in the case of Commonwealth vs. Stacy Savage, charged with wanton endangerment, terroristic threatening and persistent felony offender, the court concluded the defendant had violated the terms and conditions of probation and revoked same.

* During a revocation hearing in the case of Commonwealth vs. John Harlen Brown, charged with fleeing or evading police, second degree assault, wanton endangerment and three counts of persistent felony offender, the defendant acknowledged violating the terms and conditions of probation and the court revoked same.

* During a pretrial conference in the case of Commonwealth vs. Howard Granville Woodson, charged with two counts of trafficking in a controlled substance and two counts of persistent felony offender, the court set a trial date for December 19 and a pretrial conference for November 2.

* During a pretrial conference in the case of Commonwealth vs. Jacob Shelton, charged with cruelty to animals second degree and wanton endangerment first degree, the matter remains set for trial on December 5.

* During a revocation hearing in the case of Commonwealth vs. Michael Kimes, charged with convicted felon in possession of a handgun, in lieu of revocation, the defendant is to be assessed for the Clinton County Drug Court Program.

* During a revocation hearing, in the case of Commonwealth vs. Patrician Rains Jones, in lieu of revocation, the defendant shall enter and complete a long-term rehabilitation program.

* During a revocation hearing in the case of Commonwealth vs. Cassie Hutchins, charged with receiving stolen property (firearm), the defendant did not appear and was placed in NCIC.

* During a revocation hearing in the case of Commonwealth vs. William T. Brown, charged with drug related offenses, the motion to revoke was withdrawn.

Several other cases were on the court calender in October with many being postponed or rescheduled, including several cases where defendants were not transported from detention facilities to court.