Clinton Circuit Court term held last Thursday

Posted January 17, 2019 at 10:05 am

The first 2019 monthly term of Clinton Circuit Court was held Thursday, January 10 with Circuit Judge David L. Williams presiding over a heavy early year docket.

The following cases were those where defendants were either sentenced, entered pleas, had trial dates scheduled or some other type of resolutions made.

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

The Commonwealth recommended dismissing the following charges: possession of a controlled substance not in original container; assault fourth degree; two counts possession of a controlled substance first degree, second offense; and persistent felony offender. Further, amending the charge of unlawful imprisonment first degree to wanton endangerment first degree.

Upon a plea of guilty to tampering with physical evidence, the defendant would receive a three year sentence; guilty to wanton endangerment first degree, a three year sentence, two run concurrent for three years. However, the three-year sentence will run consecutive with indictments from Cumberalnd and Adair counties for a total of 20 years to serve.

Final sentencing is scheduled for February 14.

* A plea agreement was reached in the case of Commonwealth vs. Ryan T. Tweedy.

The Commonwealth recommended dismissing the following charges: giving police false name or address; fleeing or evading first degree; resisting arrest; disorderly conduct first degree and public intoxication (under separate indictments); wanton endangerment second degree (two counts); giving police false name or address; careless driving; driving on suspended license; failure to maintain insurance and failure to use seatbelt.

On a plea of guilty to receiving stolen property under $10,000, the defendant would receive a five year sentence; on a plea to second degree escape, a two year sentence; guilty to DUI, a $200 fine plus court cost and wanton endangerment first degree, a five year sentence, to run concurrent for five years and consecutive with a two-year sentence on a separate indictment for a total of seven years to serve.

Final sentencing is scheduled for February 14.

* Sentencing was held in the case of Commonwealth vs. Ida Mae Myers, pursuant to an agreement reached on November 11, 2018.

The defendant pled guilty to trafficking in a controlled substance first degree (two counts) with a five year sentence on each count. Pursuant to the Commonwealth’s recommendation, the sentences would run concurrent for five years, probated for five years with supervision and the defendant shall pay fines in the total amount of $700 including court costs and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Jessica Cross, pursuant to an agreement reached on December 6, 2018.

The defendant pled guilty to tampering with physical evidence with a five year sentence imposed. Pursuant to the agreement, the defendant will serve 11 months in jail with the balance probated for five years with supervision and pay fines and court costs determined by the court.

The following charges were dismissed: theft by unlawful taking or disposition; possession of a controlled substance first degree and possession of drug paraphernalia.

* Sentencing was held in the case of Commonwealth vs. Phillip D. Campbell, pursuant to an agreement reached on December 6, 2018.

The defendant pled guilty to trafficking in a controlled substance first degree with a six year sentence imposed. The Commonwealth opposed probation. The defendant shall also pay fines and court costs determined by the court.

The following charges were dismissed: failure to illuminate registration; possession of marijuana; possession of drug paraphernalia and second degree persistent felony offender.

* Sentencing was held in the case of Commonwealth vs. Randy A. Brumley, pursuant to an agreement reached on November 8, 2018.

The defendant pled guilty to possession of a controlled substance first degree with a three year sentence imposed, probated for five years with supervision and the defendant is to forfeit several items, including money.

Charges of possession of drug paraphernalia and trafficking in a controlled substance first degree, first offense were dismissed.

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

The Commonwealth recommended dismissing the charge of possession of drug paraphernalia.

Upon a plea of guilty to tampering with physical evidence, the defendant would receive a five year sentence and guilty to possession of a controlled substance first degree, a three year sentence, to run concurrent for five years, probated for five years with supervision. The defendant shall serve 120 days in jail and enter and complete the Clinton County Drug Court Program and pay fines and court costs.

Final sentencing is scheduled for February 14.

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

The Commonwealth recommended dismissing the following charges: possession of a controlled substance first degree; tampering with physical evidence; and criminal trespass third degree.

Upon a plea of guilty to promoting contraband first degree, the defendant would receive a five year sentence, pretrial diverted for five years with supervision, serve 90 days on home incarceration, pay fines and court costs and receive credit for time served.

* A plea agreement was reached in the case of Commonwealth vs. William R. Rich.

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

Upon a plea of guilty to trafficking in marijuana over five counts first offense, the defendant would receive a five year sentence, serve 60 days in jail with the balance probated for five years with supervision, pay $2,240 in total costs and be granted work release.

Final sentencing is scheduled for February 21.

* During a revocation hearing in the case of Commonwealth vs. Danny R. Neal, charged with theft by unlawful taking, burglary third degree and persistent felony offender, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, on a motion to revoke probation in the case of Commonwealth vs. Lora R. Jones, charged with possession of a controlled substance first degree, etal, the defendant acknowledged having violated terms and conditions of pretrial diversion and the court revoked same.

* During a revocation hearing in the case of Commonwealth vs. Randall G. Hicks, charged with possession of a controlled substance, carrying a concealed deadly weapon, persistent felony offender and possession of drug paraphernalia, 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. Josh Davis, charged with possession of a controlled substance and cultivation of marijuana five or more plants, the defendant acknowledged violating terms of probation and the court revoked same.

* During a hearing in the case of Commonwealth vs. Phillip P. Cape, charged with first degree assault, the defendant acknowledged violating terms of probation and the court revoked same.

* During a revocation hearing in the case of Commonwealth vs. Phillip Campbell, charged with several counts of wanton endangerment, etal, the defendant acknowledged violating terms and conditions of probation and the court revoked same.

* During a revocation hearing, in the case of Commonwealth vs. Edward J. Adams, charged with drug related offenses, the defendant acknowledged having violated terms and conditions of probation and the court revoked same.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Frankie Lee Booher, Jr., charged with flagrant nonsupport, in lieu of revocation, the defendant shall enter and complete SAP-IOP.

* During a review in the case of Commonwealth vs. Willie Kay Ferrell, charged with criminal trespass and criminal mischief, in lieu of revocation, the defendant is to enter and complete the Clinton County Drug Court Program.

* During motion hour, motion to revoke pretrial diversion, in the case of Commonwealth vs. Danny Holman, charged with flagrant nonsupport, in lieu of revocation, the defendant shall be placed on active supervision with a review scheduled for March 7.

* During a revocation hearing in the case of Commonwealth vs. Phillip Odell Lee, charged with second degree assault and persistent felony offender, in lieu of revocation, the defendant shall enter and complete long-term rehab.

* During a review, in the case of Commonwealth vs. Elmer G. Neal, charged with criminal trespass and theft by unlawful taking $10,000 or more, the court ordered the defendant placed on active supervision.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Ronald Kay Roberts, charged with trafficking in a controlled substance, etal, the Commonwealth withdrew its motion to revoke.

* During motion hour, in the case of Commonwealth vs. Jamie W. Herald, charged with criminal trespass, criminal mischief, burglary second degree, theft by unlawful taking over $500 and persistent felony offender, the court overruled a motion for shock probation.

* During a pretrial conference in the case of Commonwealth vs. Desirea Riddle, charged with receiving stolen property, possession of a controlled substance and drug paraphernalia, the matter was continued. The defendant was drug tested, testing positive for multiple substances and found in contempt of court with bond being revoked.

* During a pretrial conference, in the case of Commonwealth vs. Ladonna Kempton, charged with drug related offenses and persistent felony offender, the defendant had violated her bond by testing positive for methamphetamine and found in contempt of court.

* During a pretrial conference in the case of Commonwealth vs. Timothy Stapp, charged with drug related offenses and persistent felony offender, the defendant violated bond by testing positive for methamphetamine and found to be in contempt of court.

(Note: All defendants found in contempt of court are taken into custody.)

* During a pretrial conference, in the case of Commonwealth vs. Michael Polston, charged with theft by unlawful taking over $500, a trial date of May 13 was scheduled.

* During a pretrial conference, in the case of Commonwealth vs. James Ray Neal, charged with theft by unlawful taking over $500, a trial date was scheduled for May 13.

* During motion hour, motion for jury trial, in the case of Commonwealth vs. George W. Cole, charged with unlawful imprisonment, sexual abuse, and distribution of obscene material to minors, a trial date was scheduled for May 21-22.

* During a pretrial conference, in the case of Commonwealth vs. Tommy M. Blevens, charged with theft by unlawful taking over $500, a trial date was scheduled for May 13.

* During a pretrial conference, in the case of Commonwealth vs. James L. Smith, charged with theft by unlawful taking, convicted felon in possession of a handgun, burglary third degree, criminal mischief and persistent felony offender, the matter was continued generally and the January 29 trial date was cancelled.

* During a review, in the case of Commonwealth vs. Jennie Lynn Miller, originally charged with wanton endangerment and operating a motor vehicle under the influence, the matter was dismissed/diverted.

Several other cases were set for review, continued for various reasons with future court dates scheduled and some defendants were arraigned, entering not guilty pleas and having pretrial conference dates set.