February term of Clinton Circuit Court

Posted February 28, 2018 at 10:15 am

A busy term of Clinton Circuit Court was held on February 8 with Circuit Judge David L. Williams presiding over a large caseload.

The following are cases in which sentencing occurred, agreements were reached, trial dates scheduled or some other type resolutions made.

* Sentencing was held in the case of Commonwealth vs. Rickey Odell Stockton, pursuant to a plea agreement reached on January 11.

The defendant pled guilty to operating a motor vehicle while under the influence with a fine of $200 and court costs imposed; guilty to assault second degree with a seven year sentence. Pursuant to the recommendation of the Commonwealth, the seven year sentence shall be probated five years with supervision, the defendant is to pay $10,000 in restitution and charges of careless driving, failure to maintain insurance and wanton endangerment first degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Mary M. Rains, pursuant to an agreement reached on January 11.

The defendant pled guilty to theft by unlawful taking over $500 with a three year sentence and guilty to third degree burglary with a three year sentence. Pursuant to the rcommendaion of the Commonwealth, the sentences shall run consecutively for six years, probated for five years with supervision and defendant is to pay restitution, jointly and severally of $1,350.00 and a charge of criminal mischief third degree was dismissed.

* Sentencing was held in the case of Commonwealth vs. Larry Joe Pyles, pursuant to an agreement reached on January 11.

The defendant pled guilty to theft by unlawful taking over $500 with a three year sentence and burglary third degree, with a three year sentence to run consecutive for six years, probated for five years with supervision and defendant shall pay $1,350 jointly or severally in restitution with a charge of criminal mischief third degree to be dismissed.

* Sentencing was held in the case of Commonwealth vs. Charles Wayne Hicks, pursuant to a motion to revoke pretrial diverion held on December 7, 2017.

The defendant pled guilty to flagrant non-support with a three year sentence imposed and credit recieved for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Nathan Gray, who waived preparation of his presentence investigation report.

The defendant pled guilty to wanton endangerment first degree with a five year sentence imposed; fleeing or evading police first degree with a five year sentence to run concurrent for five years but consecutive to another indictment. Lastly, to operating a motor vehicle under the influence (aggravating circumstances) with a $200 fine and court costs imposed.

Under terms of the plea, the following charges were dismissed: two counts of possession of a controlled substance not in original container; possession of drug paraphernalia; speeding; failure to maintain insurance; reckless driving; no registration plates; operating on a revoked license for DUI; possession of a controlled substance first degree and two counts of persistent felony offender first degree.

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

The Commonwealth recommended dismissing charges of assault fourth degree; assault third degree; alcohol intoxication; resisting arrest and disorderly conduct second degree. Upon a plea of guilty to wanton endangerment first degree, the defendant would receive a five year sentence, probated for five years with supervisoin.

Final sentencing was scheduled for March 1.

* Sentencing was held in the case of Commonwealth vs. Laura S. Garrett, pursuant to a plea agreement reached on January 11.

The defendant pled guilty to possession of a controlled substance first degre with a three year sentence imposed, probated for five years with supervision and the defendant would receive credit for time served. The following charges would be dismissed: three counts of possession of a controlled substance not in original container; possession of drug paraphernalia and marijuana, three counts of possession of controlled substance third degree and three counts of trafficking, third degree.

* Sentencing was held in the case of Commonwealth vs. Johnathan L. Collins, pursuant to an agreement reached on January 11.

The defendant pled guilty to possession of a controlled substance first degree with a three year sentence imposed, probated for five years with supervision. Also, guilty to possession of drug paraphernalia with a $200 fine and court costs imposed.

The defendant will receive credit for time served with the following charges to be dismissed: possession of a controlled substance first degree; possession of a controlled substance not in original container (two counts); operating on a suspended license and possession of a legend drug.

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

The Commonwealth recommended dismissing the following: three counts of possession of a controlled substance not in original container; three counts of possession of a controlled substance third degree and one count each of possession of drug paraphernalia and marijuana and three counts of trafficking.

On a plea of guilty to possession of a controlled substance first degree, the defendant would receive a sentence of three years, probated for three years with supervision.

Final sentencing was scheduled for March 1.

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

The Commonwealth recommended dismissing the following: three counts of possession of a controlled substance third degree; possession of a controlled substance not in original container (three counts); and possession of drug parahernalia.

On a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence, probated for three years with final sentencing to be held later.

* During a suppression hearing, a plea agreement was reached in the case of Commonwealth vs. Brittany D. Abston.

The Commonwealth recommended that upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a two-year sentence, pretrial diverted for three years with supervision.

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

The Commonwealth recommended that upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a five year sentence, probated five years with supervision.

Final sentencing was scheduled for March 1.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Kyle K. Riddle.

The Commonwealth recommended dismissing the followign charges: failure to maintain insurance; operating a motor vehicle on revoked license for DUI; no/expired registration plates, Further, amending the charge of operating a motor vehicle under the influence fourth offense to boating under the influence.

On a plea of guilty to boating under the influence the defendant would pay a $200 fine and court costs with a misdemeanor judgment to be entered.

* Sentencing was held in the case of Commonwealth vs. Neomi Danielle Shelton, pursuant to a motion to revoke pretrial diversion held on January 11.

The defendant was found guilty of trafficking in a controlled substance first degree with a three year sentence imposed, probated for three years with supervision and defendant is to receive credit for time served.

* During a pretail conference, in the case of Commonwealth vs. Danny Joe Stearns, charged with assault first degree, attemtped murder, theft by failure to make required dispostion and theft by unalwfaul taking over $500, another pretrial conference was scheduled for April 12 at 9 a.m.

* In a revocation hearing, in the case of Commonwealth vs. Thomas Joe Tucker, charged with flagrant nonsupport, the Court determined the defendant had violated terms and conditions of probation and revoked same.

* During scheduled sentencing, in the case of Commonwealth vs. Gabe Beaty, charged with burglary third, possession of burglary tools and criminal mischief, the defendant was not transported and sentencing was continued to March 1.

* During a revocation hearing in the case of Commonwealth vs. Nathanael Nevarez-Miess, charged with assault second and robbery first degree, the Court declined to revoke the defendant on the condition he operate under a curfew and shall not be in the presence of any females while alone.

* In the case of Commonwealth vs. Kaleb A. Perdue, charged with receiving stolen property, in lieu of revocation, the defendant shall receive an alternative sentence of 60 days in jail.

* During a pretrial conference, in the case of Commonwealth vs. Jennifer Riddle, charged with crimina abuse first degree, child 12 or under, the trial scheduled for February 13 was continued with a pretrial conference set for March 1.

* During a pretrial conference in the case of Commonwealth vs. Jamie Michelle Matthews, charged with theft over $500 but under $10,000 and criminal mischief, first degree, a trial date was scheduled for April 17-18 and pretrial conference fr March 1.

* During a pretrial conference, in the case of Commonwealth vs. Harold W. Huddleston, charged with first degree criminal mischief, a trial date of April 17-18 was scheduled with a pretrial conference on March 1.

* During motion hour in the case of Commonwealth vs. George W. Cole, charged with two counts of unlawful imprisonment second degree and sexual abuse, first degree, a trial date was scheduled for July 31 and a pretrial conference on May 10.

* During a pretrial conference in the case of Commonwealth vs. Kaitlyn Matthews Casade, charged with theft by unlawful taking over $500 but under $10,000, a trial date was scheduled for April 17-18 and pretrial conference of March 1.

* During a pretrial conference, in the case of Commonwealth vs. Cody Casada, charged with theft by unlawful taking over $500 but under $10,000, trial date was scheduled for April 17-18 and pretrial conference March 1.

* During a pretrial conference in the case of Commonwealth vs. Tyler D. Burton, charged with multiple counts including wanton endangerment first degree, theft by unlawful taking, criminal mischief, etal, a trial date was scheduled for April 17 with a pretrial conference March 1.

* The Court granted a motion of shock probation in the case of John Harlen Brown, originally charged with fleeing or evading, assault-third, and persistent felony offender with a case review scheduled for May 10.

* During motion hour, in the case of Allen Ted Weiss, charged with carrying a concealed weapon, burglary-second, persistent felony offender, etal, the defendant did not appear and an arrest warrant was issued.

Several other cases saw pretrial conference dates only set for defendants and other cases continued to a later date.