October session of Clinton Circuit Court held

Posted October 24, 2018 at 8:36 am

The monthly term of Clinton Circuit Court was held October 11 with Judge David L. Williams presiding over another heavy docket.

The following are cases in which sentencing, agreements, trial dates, or other types of final resolutions were made in cases.

* Sentencing was held in the case of Commonwealth vs. Danny Hall, pursuant to an agreement effectuated on September 6.

The defendant pled guilty to possession of a controlled substance first degree under one indictment with a three year sentence, guilty to burglary third degree with a five year sentence, guilty of failure to maintain insurance with a $500 plus court cost imposed and guilty to failure to maintain insurance with a $500 plus court cost imposed..

The three and five year sentences will run consecutive for eight years, probated for five years with supervision and the defendant will enter and complete the Clinton County Drug Court Program.

Several charges were dismissed, including two counts of wanton endangerment, fleeing or evading police, among several other misdemeanor charges.

* Sentencing was held in the case of Commonwealth vs. James B. Hill, pursuant to a plea agreement effectuated on September 6.

The defendant pled guilty to two counts of third degree burglary with a five year sentence on each count. Pursuant to the Commonwealth’s recommendation, the sentences will run concurrent for five years, probated for five years with supervision and the defendant will pay restitution in the amount of $2,500.00

The following charges were dismissed: one count of burglary third degree, possession of a controlled substance first degree, theft by unlawful taking over $500 and possession of drug paraphernalia.

* Sentencing was held in the case of Commonwealth vs. Misty Duvall, pursuant to a Commonwealth motion to revoke pretrial diversion.

The defendant was found guilty of theft by unlawful taking over $500 with a three year sentence imposed and she will receive credit for any time served.

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

The Commonwealth recommended dismissing charges of possession of a controlled substance second degree, two counts of persistent felony offender and possession of drug paraphernalia.

Upon a plea of guilty to the charge of possession of a handgun by a convicted felon, the defendant would receive a five year sentence and on a plea of guilty to trafficking in a controlled substance first degree, first offense, a year sentence to run concurrent for five years to serve and he will pay court costs.

Under conditions of the plea, the following charges were dismissed: possession of a controlled substance second degree, two counts of persistent felony offender and possession of drug paraphernalia.

* Sentencing was held in the case of Commonwealth vs. Chris D. Stinson, pursuant to an agreement effectuated September 6.

The defendant pled guilty to the offense of second degree assault with a five year sentence and guilty to fourth degree assault with a six-month sentence.

Pursuant to the agreement with the Commonwealth, the defendant will serve six months with the balance probated five years with supervision and will receive credit for time served.

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

The Commonwealth recommended amending the charge of arson first degree to third degree with a four year sentence and on a plea of guilty to criminal mischief first degree, a four year sentence, to run concurrent for four years, pretrial diverted for four years with supervision.

* Sentencing was held in the case of Commonwealth vs. Charlie Kay York, pursuant to an agreement effectuated on September 6.

The defendant pled guilty to DUI with a $200 fine plus court cost imposed; failure to maintain insurance with a $500 fine plus court cost; fleeing or evading police first degree and persistent felony offender second degree with a five year sentence, and trafficking in a controlled substance first degree and persistent felony offender second degree with a 10-year sentence, to run consecutively for 15 years.

The sentences will be probated for five years with supervision and the defendant will forfeit $625.00.

Under terms of the plea, charges of possession of a controlled substance first degree and several misdemeanor counts were dismissed.

* Sentencing was held in the case of Commonwealth vs. Teranda Perkins, pursuant to an agreement effectuated on September 6.

The defendant pled guilty to failure to maintain insurance with a $200 fine plus court cost imposed, DUI with a $200 fine plus court costs and possession of a controlled substance first degree with a three year sentence.

Pursuant to the recommendation by the Commonwealth, the three year sentence shall be probated for five years with supervision and the defendant shall enter and complete the Clinton County Drug Court Program.

A charge of trafficking in a controlled substance and three misdemeanor charges were dismissed.

* During a pretrial conference and on a motion to revoke bond in the case of Commonwealth vs. Wesley L. McGaw, a plea agreement was reached.

The Commonwealth recommended dismissing the charge of possession of drug paraphernalia. On a plea to possession of a controlled substance first degree, the defendant would receive a three year sentence, serve 45 days in jail with the balance probated for five years with supervision and receive credit for time served.

Final sentencing is scheduled for November 8.

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

The Commonwealth recommended dismissing the following: possession of drug paraphernalia, two counts of first degree persistent felony offender and possession of a controlled substance not in original container, as well as amending a charge of trafficking in a controlled substance first degree to possession and upon a plea of guilty to tampering with physical evidence first degree, a four year sentence.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence. The two sentences would run consecutive, with the defendant to serve six months in jail with the balance probated five years with supervision.

Final sentencing is scheduled for December 6.

* During a revocation hearing in the case of Commonwealth vs. Frankie D. Davidson, charged with trafficking in a controlled substance (meth), etal, the defendant acknowledged having violated terms and conditions of probation and the court revoked same.

* During a revocation hearing in the case of Commonwealth vs. Nathanael Nevarez-Miess, charged with assault second degree and first degree robbery, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During a revocation hearing in the case of Commonwealth vs. Jason Lee Savage, charged with flagrant nonsupport, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During a revocation hearing in the case of Commonwealth vs. Janelle Faye Willis, charged with theft by unlawful taking, etal, the court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

* During arraignment, in the case of Commonwealth vs. Phillip D. Campbell, charged with trafficking in a controlled substance (meth), persistent felony offender first degree, etal, a trial date of January 14, 2019 was scheduled.

* During a pretrial conference in the case of Commonwealth vs. Carlos Abraham, charged with two counts of trafficking in a controlled substance first degree, a trial date of December 17 was scheduled.

* During a pretrial conference, in the case of Commonwealth vs. Dillon M. Flowers, charged with fleeing or evading police, receiving stolen property, theft by unlawful taking and reckless driving, the court scheduled a trial date for January 9, 2019.

* During a pretrial conference in the case of Commonwealth vs. Ida Mae Myers, charged with two counts of trafficking in a controlled substance, the court scheduled a trial date for December 17.

* During a pretrial conference, in the case of Commonwealth vs. Jesse Pittman, charged with theft by unlawful taking, possession of a controlled substance, persistent felony offender, etal, the court scheduled a trial date for November 19.

* During motion hour, in the case of Commonwealth vs. Jason Craig, charged with trafficking in a controlled substance, persistent felony offender, etal, the court overruled a motion for shock probation.

* During motion hour, in the case of Commonwealth vs. Jamie W. Herald, charged with criminal trespass, burglary, theft by unlawful taking and persistent felony offender, the court overruled a motion for shock probation.

* During motion hour, in the case of Commonwealth vs. Shannon Bowman Herald, charged with burglary, theft by unlawful taking, persistent felony offender, etal, the court overruled a motion for shock probation.

* During a revocation hearing in the case of Commonwealth vs. Quentin Lee Stowell, charged with trafficking in a controlled substance (meth), in lieu of revocation, the defendant is to enter and complete a long-term rehabilitation program.

* During a revocation hearing in the case of Commonwealth vs. Christopher S. York, charged with theft by unlawful taking, burglary, etal, the court extended the defendant’s probation for a period of six months.

* During motion hour, in the case of Commonwealth vs. Michael S. Perdue, originally charged with possession of a controlled substance, etal, upon the request of the Commonwealth, the matter was dismissed.

* During arraignment, in the case of Commonwealth vs. Michael Lee Neal, originally charged with theft by unlawful taking, the matter was dismissed as “the indictment was faulty,” according to the court docket.

* During arraignment, in the case of Commonwealth vs. Shane Capps, originally charged with trafficking in a controlled substance (meth), persistent felony offender, etal, upon the request of the Commonwealth, the matter was dismissed as all charges were resolved in District Court.

* During motion hour, in the case of Commonwealth vs. Marvin D. Crowe, charged with criminal possession of a forged instrument, the defendant did not appear and an order of arrest was continued.

* During motion hour, motion to revoke pretrial diversion, in the case of Commonwealth vs. Nick Posey, charged with flagrant nonsupport, the defendant did not appear and a warrant of arrest was issued.

* During arraignment, in the case of Commonwealth vs. Reynaldo Diaz, charged with theft by deception (cold checks), the defendant did not appear and a previous arrest warrant was continued.

Several other cases were on the docket, with those arraigned entering not guilt pleas and having future court dates scheduled and many pretrial conferences and/or continuances granted in other cases.