Stearns accepts plea in attempted murder case

Posted May 9, 2018 at 9:06 am

Danny Stearns.psd

One of two co-defendants in an attempted murder case has accepted a plea in his case and is now pending official sentencing.

Danny Joe Stearns, who was originally charged with attempted murder, assault first degree, theft by disposition (auto) over $500 but less than $10,000 and theft by failure to make required disposition agreed to the plea with the Commonwealth during a pretrial conference on April 12.

Stearns, along with Lisa Sue York, faced the charges in connection with an incident that occurred in November of 2016 on the Bell Camp Road in Piney Woods when an elderly Albany man, Bill Russell, was stabbed several times and had his vehicle stolen by the alleged co-defendants.

According to the aforementioned plea agreement in the case, the Commonwealth recommended that the following charges be dismissed: theft by unlawful taking or disposition or complicity to same and criminal attempt to commit murder or complicity to same.

Upon a plea of guilty to assault first degree, the defendant would serve a sentence of 17 1/2 years, and robbery first degree, 17 1/2 years to run concurrent for a total of 17 1/2 years to serve.

Clinton Circuit Judge David L. Williams, who presided over the court calendar on April 12, scheduled a final sentencing date in the case for May 10.

In another high profile case, a Greensburg, Kentucky man who faced multiple charges in connection with a high speed downtown chase in Albany last year was formally sentenced in Circuit Court on April 12.

Tyler D. Burton was sentenced pursuant to a plea agreement that had been reached with the Commonwealth on March 1.

Burton pled guilty on several charges under separate indictments, including two counts of theft by unlawful taking or disposition over $500 with a five year sentence imposed; theft by unlawful taking or disposition over $10,000 with a five-year sentence; five counts of first degree wanton endangerment with a five-year sentence on each count; fleeing or evading police (auto) with a five-year sentence; fleeing or evading on foot with a five-year sentence and lastly, three counts of criminal mischief first degree with a five year sentence on each count.

Pursuant to the recommendation of the Commonwealth, the 13 five-year sentences would run concurrent, and concurrent with a five-year sentence on a separate indictment for a total of 10 years to serve.

The defendant shall receive credit for time already served with the following charges to be dismissed: reckless driving, speeding, possession of drug paraphernalia, carrying a concealed deadly weapon and three counts of disregarding a stop sign.

Several other cases were on the April docket, with the following having some type of resolutions reached and/or trial dates scheduled:

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Lloyd Earl Smith.

The Commonwealth recommended dismissing the following charges: possession of a controlled substance first degree, possession of a controlled substance not in original container, tampering with physical evidence, possession of drug paraphernalia and persistent felony offender first degree. Further, amending the charge of trafficking in a controlled substance first degree-second offense to trafficking first degree.

Upon a plea of guilty to the amended charge, the defendant accepted a term of 2 1/2 years to serve.

* During a revocation hearing in the case of Commonwealth vs. Charles W. Hicks, the court determined the defendant had violated the terms and conditions of pretrial diversion and found the defendant guilty of facilitation to robbery first degree, wanton endangerment first degree (two counts) with a five year sentence on each count to run concurrent and the defendant will receive credit for any jail time already served.

* Sentencing was held in the case of Commonwealth vs. Porter Ayers, pursuant to a plea agreement reached on March 1.

The defendant pled guilty to tampering with physical evidence with a three-year sentence imposed and possession of a controlled substance first degree (meth) with a three year sentence imposed, to run concurrent for three years.

Under the agreement, the following charges were dismissed: possession of drug paraphernalia and unauthorized use of an auto.

* Sentencing was held in the case of Commonwealth vs. Dillon M. Alley, pursuant to a motion to revoke pretrial diversion that was sustained on March 1.

The defendant was found guilty of possession of a controlled substance first degree with a three year sentence imposed and will receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Sue E. Gilbert, pursuant to a plea agreement reached on February 8.

The defendant pled guilty to wanton endangerment first degree with a five-year sentence. Pursuant to the recommendation by the Commonwealth, the sentence shall be probated for five years with supervision and she will receive credit for time served.

Under the agreement, the following charges were dismissed: assault fourth degree, assault third degree, alcohol intoxication, resisting arrest and disorderly conduct second degree.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. Andrew Maxfield.

The Commonwealth recommended dismissing the following charges: terroristic threatening third degree, disorderly conduct first degree, speeding, failure to maintain insurance, reckless driving and operating a motor vehicle on a suspended or revoked license.

Upon a plea of guilty to two counts of assault third degree, the defendant would receive a five-year sentence on each count to run concurrent; upon a plea of guilty to two counts of criminal mischief first degree, the defendant would receive a five-year sentence on each count to run concurrent; upon a plea of guilty to fleeing or evading police first degree (on foot) a two-year sentence and fleeing or evading (auto) a two-year sentence, to run concurrent.

Upon a plea of guilty to four counts of wanton endangerment, the defendant would receive a sentence of five years on each count to run concurrent. The five year sentences and two year sentences would run concurrently for 12 years. The defendant shall serve 10 months in jail with the balance probated for five years with supervision and received credit for time served.

Final sentencing is scheduled for May 10.

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

The Commonwealth recommended dismissing the following charges: possession of drug paraphernalia, no/expired registration plates, no registration receipts, failure to maintain insurance, failure to notify Department of Transportation of change of address, failure to wear seatbelt and reckless driving.

Upon a plea of guilty to operating a motor vehicle while under the influence first degree, the defendant would pay a $200 fine plus court costs and upon a plea of guilty to possession of a controlled substance first degree, a three year sentence, probated for five years with supervision and receive credit for time served and enter and complete the Clinton County Drug Court Program.

Final sentencing is scheduled for May 10.

* During a revocation hearing in the case of Commonwealth vs. Hannah Warinner, originally charged with third degree burglary and theft by unlawful taking, the court determined the defendant had violated terms on pretrial diversion, revoked same and scheduled formal sentencing for June 7.

* During a revocation hearing in the case of Commonwealth vs. Timothy Hammond, charged with flagrant nonsupport, the court determined the defendant had violated terms of pretrial diversion, revoked same and scheduled formal sentencing for May 10.

* During motion hour, in the case of Commonwealth vs. Jamie Michelle Matthews, originally charged with theft by unlawful taking and criminal mischief, the court sustained a motion to amend the indictment and continued generally the scheduled April 17-18 trial date with a pretrial conference scheduled for May 10.

* During a pretrial conference in the case of Commonwealth vs. Shannon Bowman Herald, charged with second degree burglary, theft by unlawful taking, etal including persistent felony offender, a trial date of June 27 was scheduled.

* During a pretrial conference in the case of Commonwealth vs. Jamie W. Herald, charged with burglary second degree, criminal trespass, theft by unlawful taking and persistent felony offender, a trial date was set for June 27.

* During motion hour, in the case of Commonwealth vs. Kaleb A. Perdue, charged with receiving stolen property, the court determined the defendant had violated terms of probation and revoked same.

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

The Commonwealth recommended amending the charge of marijuana cultivation over five plants to under five plants and on a plea of guilty to the lesser charge, the defendant would receive a 12-month sentence, probated for 12 months with supervision and pay $250 in court cost. A misdemeanor judgment was entered.

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

The Commonwealth recommended amending the charge of marijuana cultivation over five plants to under five plans and on a plea of guilty to the lesser charge, the defendant would receive a 12 month sentence, probated for 12 months with supervision. A misdemeanor judgment was entered.

* During a revocation hearing in the case of Commonwealth vs. Cody D. Chilton, charged with theft by unlawful taking, etal, in lieu of revocation, the defendant shall be assessed regarding eligibility for the Clinton County Drug Court Program.

* During motion hour, in the case of Commonwealth vs. Nicholas V. Cash, charged with theft by unlawful taking, convicted felon in possession of a firearm and persistent felony offender, the court declined to provoke probation but set a new condition that he only be at work, his parents’ house, doctor’s appointments and church until the court rules otherwise.

* During motion hour, in the case of Commonwealth vs. Matthew Thrasher, charged with flagrant nonsupport, the defendant did not appear and an order of arrest was issued.

* During a review, in the case of Commonwealth vs. Christa Marie Willis, charged with terroristic threatening and assault second degree, the defendant did not appear and an arrest warrant was issued.

* During motion hour (motion to revoke probation) in the case of Commonwealth vs. Jesse W. Phillips, charged with theft by unlawful taking, burglary third degree and persistent felony offender, the defendant did not appear and an order of arrest was issued.

* During arraignment, in the case of Commonwealth vs. Richard Justin Mason, charged with carrying a concealed weapon by a prior deadly weapon felony offender, first degree possession of unspecified drugs, etal, the defendant did not appear and an order of arrest was issued.

* During a pretrial conference, in the case of Commonwealth vs. Jessica Cross, charged with theft by unlawful taking, possession of a controlled substance, etal, the defendant did not appear and an order of arrest was issued.

* During a review, in the case of Commonwealth vs. Leora Futon, charged with theft by unlawful taking and persistent felony offender, the defendant did not appear and the matter was continued to May 5.

* During motion hour, in the case of Commonwealth vs. Thomas Joe Tucker, charged with flagrant nonsupport, the court sustained a motion for shock probation and set the matter for review on May 10.

* During a pretrial conference, in the case of Commonwealth vs. Jeffrey L. Braswell, charged with marijuana cultivation, five or more plants, upon a motion by the Commonwealth, the matter was dismissed without prejudice.

* During a pretrial conference, in the case of Commonwealth vs. Anna K. Hogan, charged with marijuana cultivation over five plants, first offense, upon a motion by the Commonwealth, the matter was dismissed without prejudice.

* During a pretrial conference, in the case of Commonwealth vs. Hannah Warinner, charged with hindering prosecution second degree, possession of a controlled substance and misdemeanor violations, upon a motion by the Commonwealth, the matter was dismissed without prejudice.

* During motion hour, in the case of Commonwealth vs. Jonathan Harp, originally charged with terroristic threatening third degree and sodomy first degree, the court sustained a motion for expungement with an order being entered.

* During arraignment, in the case of Commonwealth vs. Thomas Lewis, charged with theft by deception (cold checks $10,000 or more), the matter was continued for effectuation of service and the defendant was placed in NCIC.

Several other cases were on the docket, including defendants being arraigned and having pretrial conference dates scheduled and some cases were continued generally for various legal reasons.