Final 2018 terms of Circuit court, grand jury, held

Posted December 27, 2018 at 1:24 pm

Final 2018 terms of both Clinton Circuit Court and the Clinton County Grand Jury were held on December 6 with Judge David L. Williams presiding.

Although the circuit court docket was a bit lighter than usual, the Clinton Grand Jury returned a host of indictments, including several multi-count true bills, with some being in double-digit numbers in charges.

Those true bills were also handed down in open circuit court earlier this month.

— Clinton Grand Jury:

The following indictments were handed down on December 6.

* Edward J. Adams, the alleged offenses of failure to notify address change to Department of Transportation; possession of a handgun by a convicted felon; trafficking in marijuana (Class A misdemeanor); trafficking in a controlled substance first degree, first offense; possession of marijuana (Class B misdemeanor); possession of a controlled substance first degree; possession of drug paraphernalia (Class A misdemeanor); wanton endangerment first degree; possession of a controlled substance not in original container (three counts/Class B misdemeanors); possession of a controlled substance third degree (three counts); persistent felony offender first degree (two counts). The alleged offenses having occurred on or about November 13.

* Shayne D. Capps, the alleged offenses of trafficking in marijuana less than eight ounces (Class A misdemeanor); trafficking in a controlled substance first degree, first offense; possession of marijuana (Class B misdemeanor); possession of a controlled substance first degree; possession of drug paraphernalia (Class A misdemeanor); wanton endangerment first degree; possession of a controlled substance not in original container (three counts/Class B misdemeanors); possession of a controlled substance third degree (three counts); persistent felony offender first degree (two counts). The alleged offenses having occurred on or about November 13.

* Miranda C. Rogers, the alleged offenses of possession of a controlled substance third degree (three counts); possession of a controlled substance not in original container (three counts/Class B misdemeanors); wanton endangerment first degree; possession of drug paraphernalia; possession of a controlled substance first degree; possession of marijuana (Class B misdemeanor); trafficking in a controlled substance first degree, first offense; trafficking in marijuana less than eight ounces (Class A misdemeanor). The alleged offenses having occurred on or about November 13.

* Wesley Brumley, the alleged offenses of possession of a controlled substance first degree; possession of marijuana (Class B misdemeanor); possession of drug paraphernalia (Class A misdemeanor); promoting contraband first degree; persistent felony offender first degree. The alleged offenses having occurred on or about November 28.

* Randy Brumley, the alleged offenses of possession of drug paraphernalia (Class A misdemeanor); possession of a controlled substance first degree; possession of marijuana (Class B misdemeanor); trafficking in a controlled substance first degree, first offense; trafficking in marijuana less than eight ounces (Class A misdemeanor). The alleged offenses having occurred on or about November 28.

* Dillon Flowers, the alleged offenses of reckless driving; fleeing or evading police first degree; wanton endangerment first degree; receiving stolen property. The alleged offenses having occurred on or about May 11.

* Ashley Baker, the alleged offenses of possession of a controlled substance first degree; possession of marijuana (Class B misdemeanor); possession of drug paraphernalia (Class A misdemeanor); promoting contraband first degree. The alleged offenses having occurred on or about November 28.

* Dennis Isaac Lee, the alleged offenses of possession of a controlled substance first degree; carrying a concealed deadly weapon; possession of drug paraphernalia (Class A misdemeanor). The alleged offenses having occurred on or about November 3.

* Erica L. Lovett, the alleged offenses of possession of a controlled substance first degree; possession of marijuana (Class B misdemeanor); possession of drug paraphernalia (Class A misdemeanor). The alleged offenses having occurred on or about November 28.

* Cynthia Pyles, the alleged offenses of fleeing or evading police first degree; escape second degree; persistent felony offender first degree (two counts). The allege offenses having occurred on or about November 8.

* Stephanie Myers, the alleged offenses of escape second degree and fleeing or evading police first degree. The alleged offenses having occurred on or about November 8.

* Timothy F. Lawrence, Jr., the alleged offense of possession of a handgun by a convicted felon. The alleged offense having occurred on or about October 5.

(Editor’s Note: An indictment is a statement of probable cause to believe an offense has been committed and further court proceedings are warranted. Those individuals named in an indictment are presumed innocent unless proven guilty in court.)

— Clinton Circuit Court

The following are cases heard during the December term of Clinton Circuit Court in which some type of resolution was reached and/or trial dates scheduled.

* A plea agreement was reached in the case of Commonwealth vs. Phillip D. Campbell.

The Commonwealth recommended dismissing the following charges: failure to illuminate registration, possession of marijuana, possession of drug paraphernalia and persistent felony offender second degree.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a sentence of six years to serve and forfeit $227 to the Commonwealth.

Final sentencing is scheduled for January 10.

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

The Commonwealth recommended dismissing the charges of theft by unlawful taking or disposition and possession of a controlled substance first degree (two charges) and possession of drug paraphernalia.

Upon a plea of guilty to tampering with physical evidence, the defendant would receive a five year sentence, serve 11 months with the balance probated for five years with supervision and receive credit for time served and pay court costs.

Final sentencing is scheduled for January 10.

* Sentencing was held in the case of Commonwealth vs. Amber D. Maloy, pursuant to a plea agreement reached on October 11.

The defendant pled guilty to tampering with physical evidence first degree with a four year sentence imposed, and guilty to possession of a controlled substance first degree with a three year sentence.

Pursuant to the recommendation of the Commonwealth, the sentences would run consecutive for seven years, with six months to serve and the balance probated for five years with supervision and the defendant will receive credit for time served, with the exception of 30 days on a contempt charge.

In accordance with the recommendation the Commonwealth, the following charges were dismissed: possession of drug paraphernalia, persistent felony offender first degree (two counts) and possession of a controlled substance not in original container.

* Sentencing was held in the case of Commonwealth vs. Carlos Abraham, pursuant to an agreement reached on November 8.

The defendant pled guilty to trafficking in a controlled substance first degree with a 10-year sentence, trafficking first degree with a five year sentence, trafficking with another 10-year sentence (three counts), and lastly trafficking (all separate indictments).

Pursuant to the recommendation by the Commonwealth, a total of seven sentences would run concurrent for 10 years, probated for five years with supervision.

In accordance with the agreement, charges of trafficking in a controlled substance third degree was dismissed.

* During motion hour, in the case of Commonwealth vs. Stephanie Myers, originally charged with drug related offenses, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant will receive credit for any jail time served.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Jeremy R. Vanwinkle, originally charged with burglary, possession of burglary tools and criminal trespass, in lieu of revocation, the defendant shall be assessed regarding eligibility for drug court.

* During motion hour, in the case of Commonwealth vs. Willie Kay Ferrell, originally charged with criminal trespass, criminal mischief third degree and burglary third degree, in lieu of revocation, the defendant is to be assessed regarding eligibility for the drug court program with a review scheduled for January 10.

* During motion hour, motion for release, in the case of Commonwealth vs. Jeremy Adam York, originally charged with theft by unlawful taking and persistent felony offender, in lieu of revocation, the defendant shall be on supervised probation for five years and for the next six months, shall operate under a curfew.

* During arraignment, in the case of Commonwealth vs. Misty Stephens, the defendant entered a not guilty plea. The Court made findings that pretrial services failed to inform the Court the defendant had been in NCIC for several months prior to arrest, thus the court added conditions of home incarceration.

* During a hearing in the case of Commonwealth vs. Nick Posey, charged with flagrant nonsupport, the court extended the defendant’s pretrial diversion for one year.

* 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 over $500, etal, a trial date of January 9 was scheduled.

* During a pretrial conference in the case of Commonwealth vs. James L. Smith, charged with theft by unlawful taking or disposition, burglary third degree, criminal mischief and persistent felony offender, a trial date of January 29 was scheduled.

* During a pretrial conference, in the case of Commonwealth vs. Ryan T. Tweedy, charged with escape second degree, fleeing or evading police, etal, a trial date of January 14 was scheduled.

* During a revocation hearing, in the case of Commonwealth vs. Randall G. Hicks, charged with drug related offenses, carrying a concealed weapon by convicted felon and persistent felony offender, the defendant did not appear and an arrest warrant was issued.

* During motion hour, motion to revoke pretrial diversion, in the case of Commonwealth vs. Lora R. Jones, charged with drug related offenses, the defendant did not appear and an arrest warrant was issued.

* During sentencing, in the case of Commonwealth vs. Ida Mae Myers, charged with drug related offenses, the defendant did not appear and an order of arrest was issued.

* During motion hour, motion to revoke pretrial diversion in the case of Commonwealth vs. Cody Owens, charged with criminal trespass, and drug related offenses, the defendant did not appear and an arrest warrant was issued.

* During motion hour, in the case of Commonwealth vs. Danny R. Neal, charged with theft by unlawful taking, burglary third degree and persistent felony offender, the defendant did not appear and an arrest warrant was issued.

* During arraignment, in the case of Commonwealth vs. Miles Staton Daniels, originally charged with defrauding a secured creditor, upon request of the Commonwealth, the matter was dismissed with prejudice.

Several other cases were continued and scheduled for future court dates.