Stearns sentenced to 17 plus years, other circuit court news

Posted May 25, 2018 at 9:49 am

Danny Stearns.psd

Two co-defendants who were originally charged with attempted murder of an elderly Clinton County man back in the fall of 2016 appeared in Clinton Circuit Court before Judge David L. Williams on Thursday, May 10.

Danny Joe Stearns was in court for final sentencing pursuant to a plea agreement he had reached with the prosecution on April 12.

His co-defendant Lisa Sue York, accepted a plea agreement during a pretrial conference in the case.

Both defendants had originally been charged with attempted murder, assault, theft by unlawful taking and other offenses related to having Bill Russell, also of Albany, to give them a ride to the Bell Camp area of Piney Woods, where the victim was stabbed several times and beaten and his truck stolen by Stearns and York.

Under the plea agreement reached last month, Stearns pled guilty to assault first degree and robbery first degree, with a 17 and one-half year sentence on both counts, to run concurrent for a total of 17 and one-half years.

Under terms of the plea, the defendant will receive credit for jail time served and the following charges were dismissed: theft by unlawful taking or disposition, criminal attempt to commit murder and complicity on both charges.

In the case of Commonwealth vs. Lisa Sue York, who had originally been charged with the same offenses, but had apparently agreed to testify against co-defendant Stearns in the case if it had gone to trial, reached an agreement.

The Commonwealth recommended dismissing the following charges: criminal attempt or complicity to commit murder and robbery first degree or complicity to commit robbery. They further recommended amending the charge of assault first degree or complicity to assault first degree to criminal facilitation to assault first degree.

Upon a plea of guilty to theft by unlawful taking over $500, she would receive a five year sentence and on facilitation to assault a five-year sentence, to run consecutive for 10 years, probated for five years with supervision. She would also receive credit for 429 days served.

Final sentencing has been scheduled for July 12.

The following are other cases in which some sort of resolution, either sentencing, pleas, trial dates or ruling were made:

* Sentencing was held in the case of Commonwealth vs. Howard Granville Woodson, pursuant to an agreement reached on April 9.

The defendant pled guilty to trafficking in a controlled substance first degree (two counts) with a 10 year sentence; trafficking first degree (two counts) under a separate indictment with a 10 year sentence to run concurrent but consecutive with a five year sentence in another case, for a total of 15 years to serve.

Under the agreement, the following charges were dismissed: persistent felony offender first degree, four total counts.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Edward J. Adams.

The Commonwealth recommended dismissing the following charges: possession of drug paraphernalia, a controlled substance and marijuana and further dismissing counterfeiting intellectual property, possession of a controlled substance not in original container trafficking first degree and further recommended dismissing a charge of receiving stolen property.

Upon a plea of guilty to trafficking in a controlled substance first degree under two separate indictments, the defendant would receive a seven year sentence on each to run concurrent. He would serve six months in jail with the balance probated five years with supervision and pay court costs and a fine and be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for June 7.

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

The Commonwealth recommended dismissing the charges of two counts of first degree wanton endangerment, operating a motor vehicle under the influence, operating a motor vehicle on a revoked license, carrying a concealed deadly weapon and possession of a handgun by a convicted felon.

Upon a plea of guilty to promoting contraband, the defendant would receive a two year sentence and possession of a controlled substance, first degree, a three-year sentence and tampering with physical evidence, a two-year sentence, to run consecutive for seven years.

The five year sentence under a separate indictment will run concurrent for seven years, probated for five years with supervision and the defendant shall complete the Clinton County Drug Court Program.

Final sentencing is scheduled for June 7.

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

The Commonwealth recommended dismissing the following charges: controlled substance endangerment to a child first degree and possession of drug paraphernalia.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence, probate five years with supervision, pay a $750 fine plus court cost.

Final sentencing is scheduled for June 7.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Heather M. Flowers.

The Commonwealth recommended dismissing the following charges: possession of drug paraphernalia, receiving stolen property and trafficking in a controlled substance first degree.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence, probated for five years with supervision and pay court costs.

Final sentencing was scheduled for June 7.

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

The Commonwealth recommended dismissing the following charges: carrying a concealed deadly weapon by prior offender, possession of a controlled substance third degree, possession of drug paraphernalia, reckless, driving, failure to notify address change to Transportation Cabinet, careless driving, disregarding a stop sign, failure to use seatbelt, improper passing and speeding.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three-year sentenced, probated five years with supervision; upon a plea of guilty to operating a motor vehicle DUI, the defendant would pay a $200 fine and court costs and upon a plea of guilty to failure to maintain insurance, would pay a $500 fine.

Final sentencing is scheduled for June 7.

* Sentencing was held in the case of Commonwealth vs. Andrew Maxfield, pursuant to a plea agreement reached on April 12.

The defendant pled guilty two counts of assault third degree with a five-year sentence on each count to run concurrent; two counts of criminal mischief with a five-year sentence on each count to run concurrent; fleeing or evading police first degree (on foot), with a two year sentence; fleeing or evading police (auto) with a two-year sentence, and lastly, four counts of wanton endangerment with a five sentence on each count to run concurrent.

The five, five year sentences shall run consecutive for a total of 12 years. Pursuant to the commendation of the Commonwealth, the defendant will serve 10 months in jail with the balance probated for five years with supervision and receive credit for time served.

Under terms of the plea, the following charges will be dismissed: terroristic threatening third degree, disorderly conduct first degree, speeding, failure to maintain insurance, reckless driving, operating a motor vehicle under the influence and on a revoked license.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William Ray Siggers.

The Commonwealth recommended dismissing the following: possession of a controlled substance first degree, drug paraphernalia, and failure to notify Transportation Department of address change.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a five year sentence, probated for five years with supervision, pay $1,500 in fines plus $155 court costs.

Final sentencing is scheduled for June 7.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Rachel R. York, on a Commonwealth’s offer on an Alford Plea.

The Commonwealth recommended dismissing the following charges: three counts of possession of a controlled substance first degree and possession of a controlled substance second degree.

Upon a plea of guilty to promoting contraband first degree, the defendant would receive a sentence of five years, probated for five years with supervision and be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for June 7.

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

The Commonwealth recommended dismissing the following charges: driving on a suspended license, failure to use seatbelt and failure to maintain insurance.

Upon 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 supervision and upon a plea of operating a motor vehicle while under the influence, second offense, would pay a $350 fine and court costs and would receive credit for time served.

Final sentencing is scheduled for June 7.

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

The Commonwealth recommended dismissing the charge of intimidating a participant in the legal process and amending a charge of criminal abuse first degree to second degree.

Upon a plea of guilty to criminal abuse second degree, the defendant would receive a sentence of five years, serve 30 days home incarceration with the balance probated for five years with supervision.

Final sentencing is scheduled for July 12.

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

The Commonwealth recommended that upon a plea of guilty to tampering with a prisoner monitoring device, the defendant would receive a sentence of five years, serve 90 days in jail, with the balance probated for five years with supervision and pay court costs.

Final sentencing is scheduled for June 7.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Bobby Gene Pierce.

The Commonwealth recommended dismissing the following charges: possession of a controlled substance first degree and possession of drug paraphernalia.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a five year sentenced, probated for five years with supervision and receive credit for time served.

Final sentencing was set for June 6.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Stephanie A. Morris.

The Commonwealth recommended dismissing the following: controlled substance endangerment of a child first degree and possession of drug paraphernalia.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a sentence of three years, probated for five years with supervision and pay a fine of $750.

Final sentencing is set for June 7.

* Sentencing was held in the case of Commonwealth vs. Jason Miller, pursuant to an agreement reached on April 12.

The defendant pled guilty to operating a motor vehicle under the influence with a $200 fine and court cost imposed; guilty of a controlled substance first degree with a three year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the three year sentence shall be probated for five years with supervision and he will receive credit for time served.

The following charges were dismissed: possession of drug paraphernalia, no/expired registration plates, no registration receipt, failure to maintain insurance, failure to notify Transportation Department of change of address, failure to use seatbelt and reckless driving.

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

The Commonwealth recommended dismissing the following: possession of marijuana and drug paraphernalia.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a sentence of three years, probated for five years with supervision and enter and complete the Clinton County Drug Court Program.

Final sentencing was set for June 7.

* Sentencing was held in the case of Commonwealth vs. Timothy Hammond, pursuant to a motion to revoke pretrial diversion heard on April 12.

The defendant was found guilty of flagrant nonsupport with a five year sentence imposed, probated for five years with supervision. The defendant will have wage assessment in place and receive credit for time served.

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

The Commonwealth recommended dismissing the charges of second degree burglary and theft by unlawful taking.

Upon a plea of guilty to theft by deception (cold checks), the defendant would receive a two year sentence, probated for five years with supervision, pay court costs and re-payment.

During a review in the case of Commonwealth vs. Douglas Eugene Wade, charged with flagrant non-support, the defendant acknowledged violating terms of pretrial diversion and same was provoked. Final sentencing will be June 7.

* During a revocation hearing in the case of Commonwealth vs. William Hogan, charged with several counts of criminal possession of a forged instrument, the defendant acknowledged violating terms of pretrial division, same was revoked and final sentencing set for June 7.

* During arraignment in the case of Commonwealth vs. Steven Bell, charges of fleeing or evading police on foot, resisting arrest and one count of persistent felony offender was dismissed.

The defendant pled not guilty to escape second degree and persistent felony offender second degree, with a pretrial conference set for June 7.

* During a revocation hearing, in the case of Commonwealth vs. Randall G. Hicks, charged with trafficking in a controlled substance first degree (meth), et al, in lieu of revocation, the defendant shall enter and complete a long-term rehabilitation program.

* During a review, in the case of Commonwealth vs. Amanda Bertram, charged with several counts of criminal possession of a forged instrument, the Commonwealth withdrew its motion to revoke.

* During a revocation hearing, in the case of Commonwealth vs. Travis C. Flowers, charged with two counts of theft by unlawful taking or disposition, the Commonwealth withdrew its motion to revoke.

* During motion hour, in a motion for shock probation in the case of Commonwealth vs. Brian K. Marcum, charged with trafficking a controlled substance first degree first offense (two counts) and persistent felony offender second degree (two counts), the defendant is to be assessed for eligibility in the Clinton County Drug Court Program, and if accepted shall be shock probated for five years on the condition he complete the program.

* During a pretrial conference, in the case of Commonwealth vs. Shannon M. Roberts, charged with complicity theft by failure to make required disposition of property, $10,000 or more, a trail date was scheduled for June 27 and pretrial conference for June 7.

* During a pretrial conference in the case of Commonwealth vs. Jamie Michelle Matthews, charged with theft by unlawful taking and criminal mischief first degree, a trial date was set for July 24.

* During a pretrial conference, in the case of Commonwealth vs. Harold W. Huddleston, charged with criminal mischief first degree and theft by unlawful taking, a trial date was set for July 24.

* During a pretrial conference in the case of Commonwealth vs. Taylor Hardesty, charged with controlled substance prescription not in original container and first degree possession of a controlled substance first offense, a trial date of June 25 was scheduled with a pretrial conference June 7.

* During a pretrial conference, in the case of Commonwealth vs. Daniel R. Guffey, charged two counts of first degree wanton endangerment, criminal mischief first degree and third degree terroristic threatening, the trial date of June 19 remains.

* During a pretrial conference in the case of Commonwealth vs. Kaitlyn Matthews Casada, charged with theft by unlawful taking, a trial date was scheduled for July 24.

* During a pretrial conference in the case of Commonwealth vs. Cody Casada, charged with theft by unlawful taking, a trial date was set for July 24.

* During a revocation hearing in the case of Commonwealth vs. Jason Lee Savage, charged with flagrant nonsupport, the defendant did not appear and an arrest warrant was issued.

* During motion hour, in a motion to recall bench warrant, in the case of Commonwealth vs. Jessica Cross, the defendant did not appear. There is an active warrant in the case and the defendant is to be held without bond.

* During a revocation hearing, in the case of Commonwealth vs. Allen D. Johnson, charged with theft by unlawful taking, criminal mischief first degree and burglary third degree, the defendant did not appear and an arrest warrant was issued.

Several other cases were on the docket, some defendants being arraigned, entering not guilty pleas and having pretrial conference dates scheduled, with other cases being continued for various reasons.