August term of Clinton Circuit Court conducted

Posted August 29, 2018 at 9:01 am

The monthly term of Clinton Circuit Court was held on August 2 with judge David L. Williams presiding over the court calendar.

The following actions were officially taken:

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

The Commonwealth recommended dismissing the following charges: escape second degree and two counts of persistent felony offender second degree. Upon a plea of guilty to the charge of tampering with a prisoner monitoring device, the defendant would receive a sentence of five years to serve and the Commonwealth opposed probation.

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

The Commonwealth recommended that upon a plea of guilty to the charge of possession of a controlled substance first degree, the defendant would receive a one-year sentence to run concurrent with a separate indictment and pay court cost. The Commonwealth opposed probation.

* Sentencing was held in the case of Commonwealth vs. Allen Ted Weiss, pursuant to an agreement reached on July 12.

The defendant pled guilty to burglary third degree with a one year sentence imposed. The Commonwealth opposed probation and the following charges were dismissed: carrying a concealed deadly weapon by a felony offender, possession of drug paraphernalia, unauthorized use of automobile and persistent felony offender second degree.

* Sentencing was held in the case of Commonwealth vs. Richard L. Smith, pursuant to an agreement reached on July 12.

The defendant pled guilty to operating a motor vehicle under the influence, fourth offense with a five year sentence and $500 fine imposed; guilty to no insurance second degree with a 120 day sentence and $500 fine, two sentences to run concurrent for 120 days to serve and the defendant will receive credit for time served.

The following charges were dismissed: possession of drug paraphernalia, failure to transfer motor vehicle, driving on a suspended license and no registration plates/receipt.

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

Upon a plea of guilty to theft by unlawful taking or disposition, the defendant would receive a two year sentence and upon a plea of guilty to possession of a controlled substance, a two year sentence, to run concurrent for two years. Also, upon a plea of guilty to possession of a controlled substance first degree under a separate indictment, a two year sentence to run consecutive for four years, probated for three years with supervision and the defendant will pay costs of $250. Final sentencing is scheduled for September 6.

* During a pretrial conference a plea agreement was reached in the case of Commonwealth vs. Alison N. Dean.

The Commonwealth recommended dismissing the following charges: possession of drug paraphernalia and possession of a controlled substance and further, amending the charge of trafficking in a controlled substance under a separate indictment to tampering with physical evidence.

The defendant shall receive a sentence of five years, probated for five years with supervision, receive credit for time served, pay court costs and enter and complete the Clinton County Drug Court Program.

Final sentencing is scheduled for September 6.

* Sentencing was held in the case of Commonwealth vs. Brooklyn Hathaway, pursuant to an agreement reached on July 12.

The defendant pled guilty to possession of a controlled substance first degree with a three year sentenced imposed, probated for five years with supervision and to run consecutive with a Wayne County Circuit Court indictment.

The defendant will receive credit for time served with the following charges to be dismissed: failure to wear seat belt, trafficking in a controlled substance first degree, carrying a concealed deadly weapon and possession of drug paraphernalia.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ricky Wayne Phillips.

The Commonwealth recommended dismissing the charge of possession of drug paraphernalia and upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a five year sentence, probated for five years with supervision.

Final sentencing is scheduled for September 6.

* During a revocation hearing, in the case of Commonwealth vs. Jessse W. Phillips, charged with theft by unlawful taking, burglary third degree and persistent felony offender second degree, the defendant acknowledged having violated the terms and conditions of probation, which was revoked.

* During motion hour in the case of Commonwealth vs. Tonya J. Conaster, originally charged with complicity to burglary second degree, manufacturing methamphetamine first offense and persistent felony offender, the court granted a motion for shock probation for a period of five years along with other criteria, including assessment for the Clinton County Drug Court Program, a curfew and vocational rehabilitation.

* During a revocation hearing in the case of Commonwealth vs. Cynthia Sue Pyles, charged with tampering with physical evidence, in lieu of revocation, the defendant shall be assessed regarding eligibility for the Clinton County Drug Court Program.

* During scheduled sentencing in the case of Commonwealth vs. Mitchell Dale Comstock, charged with flagrant nonsupport, the defendant did not appear and a criminal summons was issued requiring the defendant to appear in court on September 6.

* During scheduled sentencing in the case of Commonwealth vs. Melissa Perdue, charged with possession of a controlled substance (meth) and drug paraphernalia, the defendant did not appear and a criminal summons was issued requiring the defendant appear on September 6.

* During scheduled sentencing in the case of Commonwealth vs. Nathaniel Nevarez-Miess, charged with assault second degree and robbery first degree, the defendant did not appear and a criminal summons was issued requiring the defendant to appear in court on September 6.

* During scheduled sentencing in the case of Commonwealth vs. Josh Davis, charged with possession of a controlled substance first degree (meth), the defendant did not appear and sentencing was continued until September 6.

* During scheduled sentencing in the case of Commonwealth vs. Joshua Elbie Davis, charged with cultivation of marijuana, five plants or more, the defendant did not appear and sentence was rescheduled for September 6.

* During a pretrial conference, in the case of Commonwealth vs. Melissa Darlene Leavell, charged with promoting contraband, possession of drug paraphernalia and possession of a controlled substance first degree (meth), the defendant did not appear and a criminal summons was issued requiring the defendant to appear in court on September 6.

* During motion hour, on a motion for a new trial in the case of Commonwealth vs. Tommy M. Blevens, charged with theft by unlawful taking over $500 but less than $10,000, the trial scheduled for August 22 was continued until September 12.

* During motion hour (to revoke bond) in the case of Commonwealth vs. Chad E. Leavell, charged with tampering with physical evidence, possession of a controlled substance first degree and drug paraphernalia, the defendant did not appear and a warrant of arrest was issued.

* During a motion hearing, in the case of Commonwealth vs. Quentin Lee Stowell, charged with trafficking in a controlled substance first degree (meth), the defendant did not appear and a warrant of arrest was issued.

Several other cases were also on the docket in August, with cases being continued for various reasons, some defendants were not transported from out-of-county facilities and some defendants were arraigned, entering not guilty pleas and having future trial proceedings scheduled.