September term of Clinton Circuit Court held

Posted September 26, 2018 at 8:35 am

A lengthy term of Clinton Circuit Court was held Thursday, September 6 with Circuit Judge David L. Williams presiding over the court calendar.

The following are cases in which some type of resolutions were reached, ruling made and/or trial dates scheduled:

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tommy Phillips, who faced several charges under separate indictments.

The defendant pled guilty to fleeing or evading police with a five-year sentence imposed; wanton endangerment first degree with a five year sentence; possession of a handgun by a convicted felon with a sentence of 10 years, to run concurrent for 10 years.

Also, the defendant pled guilty to receiving stolen property under $10,000 with a five-year sentence; possession of a firearm by a convicted felon with a five year sentence; possession of a controlled substance first degree with a three-year sentence; fleeing or evading police with a five-year sentence.

The two five year sentences shall run consecutive and the three year sentences concurrent for a total of 10 years. Further the court found the defendant guilty of theft by unlawful taking under $10,000 under a separate indictment, and the four sentences will run consecutively with Cumberland County indictments.

The Commonwealth opposed probation and the defendant was sentenced for the balance of the 10 year sentence, plus $2,500 in restitution.

The following charges under separate indictments were dismissed: five total counts of first degree persistent felony offender.

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

The Commonwealth recommended dismissing the following charges: failure to signal, inadequate muffler, disregarding stop sign, driving on suspended license, speeding, failure to illuminate registration plate, possession of a controlled substance first degree (two total counts) and possession of drug paraphernalia.

The Commonwealth further recommended amending a charge of persistent felony offender first degree to second degree.

Upon a plea of guilty to operating a motor vehicle under the influence, the defendant would pay a $200 fine plus court cost; on a plea of guilty to failure to maintain insurance, pay a $500 fine; upon a plea of guilty to fleeing or evading and persistent felony offender second degree, the defendant shall receive a sentence of five years and upon a plea of guilty to trafficking in a controlled substance and persistent felony offender second degree, a five-year sentence for a total of 10 years.

The five and 10 year sentences would run consecutive for 15 years, probated for five years with supervision and the defendant will forfeit $625.00.

Final sentencing is scheduled for October 11.

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

The Commonwealth recommended dismissing the following charges: failure to use seatbelt, trafficking in a controlled substance first degree, no registration and possession of drug paraphernalia.

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

Final sentencing is scheduled for October 11.

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

The Commonwealth recommended dismissing the following charges: burglary third degree (one count), possession of a controlled substance third degree, theft by unlawful taking over $500 and possession of drug paraphernalia.

Upon a plea of guilty to two counts of third degree burglary, the defendant would receive a sentence of five years on each count to run concurrent, probated for five years with supervision and pay restitution in the amount of $2,500.

Final sentencing is scheduled for October 11.

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

The Commonwealth recommended dismissing the following charges: wanton endangerment first degree (two counts); fleeing or evading police; speeding; possession of drug paraphernalia and marijuana; possession of a controlled substance first degree; reckless driving; failure to maintain insurance; failure to comply with helmet law; criminal trespass third degree and no motorcycle license.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall receive a sentence of three years; guilty to burglary third degree and failure to maintain insurance, the defendant shall pay a $500 fine plus court cost.

The three year and five-year sentence under a separate indictment would run consecutive for eight years, probated for five years with supervision. Further, upon a plea of guilty to failure to transfer motor vehicle, the defendant would pay a fine and court costs and enter and complete the Clinton County Drug Court Program.

Final sentencing is scheduled for October 11.

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

The defendant pled guilty to fleeing or evading police with a two-year sentence imposed; operating a motor vehicle under the influence with a $200 fine plus court cost imposed; failure to notify Transportation Department of address change with a $50 fine plus court cost and failure to maintain insurance with a $500 fine.

The Commonwealth opposed probation and the defendant was sentenced to serve the balance of the two year sentence and receive credit for time served.

The following charges were dismissed: possession of a controlled substance first degree, possession of a firearm by a convicted felon, failure to use seatbelt, failure to signal, careless driving, resisting arrest and two counts of second degree persistent felony offender.

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

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

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant shall receive a sentence of three years, pretrial diverted for three years with supervision, receive credit for time served and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Melissa Darlene Leavell.

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

Upon a plea of guilty to promoting contraband first degree, the defendant shall receive a five year sentence, pretrial diverted three years with supervision and be assessed by the social services clinician.

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

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

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant shall receive a five year sentence, pretrial diverted three years with supervision and enter and complete the Clinton County Drug Court Program.

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

The Commonwealth recommended dismissing the following charges: possession of marijuana, drug paraphernalia and burglary third degree.

Upon a plea of guilty to two counts of possession of a controlled substance first degree, the defendant would receive a three-year sentence to run concurrent, pretrial diverted for three years with supervision and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Leeanna N. Traylor.

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

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three-year sentence, pretrial diverted two years with supervision and pay court cost.

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

The Commonwealth recommended that upon a plea of guilty to assault second degree, the defendant would receive a five year sentence, serve six months, with the balance probated five years with supervision and receive credit for time served.

Further, on a plea of guilty to fourth degree assault, serve six months and pay court costs.

Final sentencing is scheduled for October 11.

* Sentencing was held in the case of Commonwealth vs. Ricky Wayne Phillips, pursuant to an agreement reached on August 2.

The defendant pled guilty to possession of a controlled substance first degree with a three-year sentence imposed. Pursuant to the agreement, the sentence will be probated five years with supervision and the defendant shall receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Joshua Elbie Davis, pursuant to an agreement reached on August 18.

The defendant pled guilty to marijuana cultivation with a two-year sentenced imposed. Pursuant to the recommendation by the Commonwealth, the sentence shall be probated for two years with supervision and the defendant shall enter and complete the Clinton County Drug Court Program.

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

The defendant pled guilty to possession of a controlled substance third degree with a three year sentence. Pursuant to the Commonwealth recommendation, the sentence shall be probated five years with supervision and the defendant shall receive credit for time served and enter and complete the Clinton County Drug Court Program.

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

The defendant pled guilty to flagrant nonsupport with a five year sentence imposed, probated for five years or until arrearage is paid.

* Sentencing was held in the case of Commonwealth vs. Nathanael Nevarez-miess, pursuant to a motion to revoke pretrial diversion on October 12.

The court found the defendant guilty of fourth degree assault with a five year sentence imposed, theft by unlawful taking over $500 with a five-year sentence imposed, the sentences to run concurrent, probated for five years with supervision.

* During motion hour, in the case of Commonwealth vs. Jason Miller, charged with drug related offenses, etal, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

* During motion hour, in the case of Commonwealth vs. Kyle Matthews, charged with burglary third degree and assault fourth degree, the defendant acknowledged having violated terms and conditions of probation, which was revoked. The defendant shall receive credit for time served.

* During motion hour, in the case of Commonwealth vs. Misty Duvall, charged with criminal mischief and theft by unlawful taking, the court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

Final sentencing is scheduled for October 11.

* During sentencing, in the case of Commonwealth vs. Jessica Cross, charged with theft by unlawful taking, possession of a controlled substance and drug paraphernalia, court documents wrote: “Upon the appearance and demeanor of the defendant the court requested the defendant submit to a drug test. During the course of the test, it was reported…defendant attempted to alter the sample. After submitting to a second test, it was determined the defendant was positive for meth, benzodiazepines and suboxone.”

The court informed the defendant that it would “impose the maximum sentences on the charges she had previously pled guilty to.”

The defendant exercised her right to withdraw her guilty plea and a pretrial conference was set for October 11, along with a contempt hearing. The defendant was taken into custody.

* During a pretrial conference, in the case of Commonwealth vs. Amber D. Maloy, charged with tampering with physical evidence, persistent felony offender and drug related offenses, the defendant tested positive for multiple substances and her bond was revoked with a pretrial conference scheduled for October 11.

* During motion hour, a motion to revoke probation in the case of Commonwealth vs. Flinton Ray Thacker, charged with multiple counts of possession of a forged instrument, as an alternative sentence, the defendant was ordered to serve 90 days with credit for time served.

* During scheduled sentencing in the case of Commonwealth vs. Alison N. Dean, charged with drug related offenses, the Commonweath agreed to dismiss the indictment “after the conclusion of a codefendant’s case and only if she does not incriminate herself under oath.”

* During motion hour, in the case of Commonwealth vs. Tommy M. Blevens, charged with theft by unlawful taking over $500 but less than $10,000, the court sustained a motion to continue the original September 12 trial date and scheduled a pretrial conference for October 11.

* During a pretrial conference in the case of Commonwealth vs. Derrick Stockton, charged with possession of a controlled substance, the court scheduled a trial for November 9.

* During motion hour in the case of Commonwealth vs. Angela C. York, charged with theft by unlawful taking over $10,00, the Commonwealth withdrew its motion for revocation.

* During motion hour, a motion to revoke probation, in the case of Commonwealth vs. Danny R. Neal, charged with theft of property, lost/mislaid/deliver by mistake and persistent felony offender second degree. The defendant did not appear and an order or arrest was issued.

Several other cases were continued generally and some defendants entered not guilty pleas on charges, having future court dates scheduled.