Clinton Circuit Court term has large case load

Posted February 27, 2019 at 9:15 am

The monthly term of Clinton Circuit Court saw a very heavy docket on Thursday, February 14 with Judge David L. Williams presiding over a host of cases, several involving formal sentencing and/or plea agreements being reached.

The following cases involve those where some final resolutions were reached, motions ruled or trial dates scheduled.

* Sentencing was held in the case of Commonwealth vs. Ryan T. Tweedy, pursuant to an agreement reached on January 10.

The defendant pled guilty to receiving stolen property under $10,000 under one indictment with a five year sentence imposed; escape second degree with a two-year sentence; DUI with a $200 fine and court costs imposed; and wanton endangerment first degree. The Commonwealth opposed probation.

The two sentences under one indictment will run concurrent with the five year sentence for a total of seven years to serve.

Under terms of the agreement, the following charges were dismissed: giving a peace officer a false name or address; fleeing or evading; resisting arrest; disorderly conduct; public intoxication; wanton endangerment (two counts); and various other traffic violations.

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

The Commonwealth recommended dismissing the following charges: possession of marijuana, drug paraphernalia and persistent felony offender first degree.

Upon a plea of guilty to promoting contraband first degree, the defendant shall receive a four year sentence and on a plea of guilty to possession of a controlled substance, a three year sentence to run concurrent for four years to serve.

Final sentencing is scheduled for March 7.

* Sentencing was held in the case of Commonwealth vs. Lora R. Jones, pursuant to a Commonwealth motion on January 10 to revoke pretrial diversion.

The defendant was found guilty of trafficking in a controlled substance first degree with a three year sentence imposed. The Commonwealth opposed probation and the defendant will receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Edward J. Adams.

The Commonwealth recommended dismissing the following charges: failure to notify Transportation Cabinet of change of address; possession of a handgun by a convicted felon; trafficking in marijuana; possession of marijuana; wanton endangerment; possession of a controlled substance not in original container (three counts); possession of a controlled substance third degree (three counts); and two counts of first degree persistent felony offender.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant shall receive a one and one-half year sentence to serve, to run consecutive with a separate indictment. He will also forfeit $4,104.00 and a 22-.22 cal/mag Phoenix Arms pistol. The defendant will receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Miranda C. Rogers.

The Commonwealth recommended dismissing the following charges: trafficking in marijuana, trafficking in a controlled substance first degree; possession of marijuana and a controlled substance, drug paraphernalia and controlled substance not in original container (three counts).

Upon a plea of guilty to wanton endangerment first degree, the defendant would receive a three year sentence, pretrial diverted for five years with supervision and receive credit for time served.

She would also forfeit, along with co-defendants, $4,104.00 and a 22-.22 cal/mag Phoenix Arms pistol.

* Sentencing was held in the case of Commonwealth vs. Paul Rondal Rose, pursuant to an agreement reached on January 24.

The defendant pled guilty to manslaughter second degree with a 10-year sentence imposed. Pursuant to the agreement, the defendant shall serve 11 months with the balance probated five years with supervision and receive credit for time served.

The defendant also pled guilty to DUI and ordered to pay a $200 fine and court costs and lastly, failure to maintain insurance, with a $200 fine and court costs.

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

The Commonwealth recommended dismissing the following: possession of drug paraphernalia, possession of a controlled substance first degree and persistent felony offender first degree.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence, probated for five years. Further, the defendant shall not return to Kentucky without permission from Probation and Parole.

Final sentencing is scheduled for March 7.

* Sentencing was held in the case of Commonwealth vs. Chad E. Leavell, pursuant to an agreement reached on January 10.

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

Pursuant to the agreement, the defendant will serve 120 days and five years supervised probation, pay fines and court costs and enter and complete the Clinton County Drug Court Program.

The defendant will receive credit for time served and a charge of possession of drug paraphernalia was dismissed.

* During an arraignment, a plea agreement was reached in the case of Commonwealth vs. Michael Gayle Matthews.

The Commonwealth recommended dismissing charges of tampering with physical evidence (three counts) and seven counts of criminal possession of a forged instrument.

Upon a plea of guilty to one count of tampering physical evidence, the defendant would receive a two year sentence and on a plea of guilty to one count of criminal possession of a forged instrument, a two year sentence to run concurrent for two years, pretrial diverted for two years without supervision. He is also to pay $1,000 in court cost.

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

The Commonwealth recommended amending the charge of theft by unlawful taking or disposition over $10,000 to over $500 and upon a plea of guilty to the lesser charge, the defendant would receive a three year sentence, pretrial diverted for five years, unsupervised as long as the defendant makes monthly restitution payments.

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

The Commonwealth recommended dismissing the following charges: trafficking in marijuana, trafficking in a controlled substance first degree, possession of marijuana, possession of drug paraphernalia, wanton endangerment, three counts of possession of a controlled substance not in original container and two counts of persistent felony offender.

Upon a plea of guilty to three counts of possession of a controlled substance first degree, the defendant would receive a three year sentence on each count to run concurrent, with the sentences probated for five years with supervision and the defendant would receive credit for time served.

Further, the defendant shall not return to Kentucky without permission from Probation and Parole and along with co-defendants, forfeit $4,104.00 in cash and a 22-.22 cal/mag Phoenix Arms pistol.

Final sentencing is scheduled for April 11.

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

The Commonwealth recommended dismissing the charge of fleeing or evading police first degree and amending the charge of escape second degree to third degree.

Upon a plea of guilty to escape third degree, the defendant would receive a 12-month sentence to serve and run concurrent with a separate indictment.

A misdemeanor judgment was entered.

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

The Commonwealth recommended dismissing the charge of fleeing or evading police and amending the charge of escape second degree to third degree.

Upon a plea of guilty to the lesser charge, the defendant would receive a 12-month sentence to serve and run concurrent with a separate indictment.

A misdemeanor judgment was entered.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Richard Justin Mason, charged with drug related offenses, carrying a concealed weapon and traffic related offenses, the Court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Brian K. Marcum, charged with trafficking in a controlled substance and persistent felony offender, the Court determined the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Teranda Perkins, charged with drug related and traffic related offenses, the Court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Jacob Stearns, charged with flagrant nonsupport, assault, wanton endangerment, etal, the Court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Flinton Ray Thacker, charged with promoting contraband, multiple counts of possession of a forged instrument and persistent felony offender, the Court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Billy Jay Craig, charged with several drug and traffic related offenses, in lieu of revocation, the defendant shall be assessed by the Social Service Clinician regarding placement in long-term treatment.

* During arraignment in the case of Commonwealth vs. Danny K. Neal, charged with several offenses including resisting arrest, persistent felony offender and third degree assault, a trial date of September 4 was scheduled with a pretrial conference on August 8.

* During motion hour, motion to set a trial date in the case of Commonwealth vs. Benjamin Claywell, charged with receiving stolen property, possession of a controlled substance and drug paraphernalia, a trial date of April 17 was scheduled with a pretrial conference on March 7.

* During a pretrial conference in the case of Commonwealth vs. Timothy F. Lawrence, Jr., charged with convicted felon in possession of a handgun, a trial date of May 2 was scheduled with a pretrial conference on March 7.

* During motion hour, motion to determine competency to stand trial, in the case of Commonwealth vs. Jesse Pittman, charged with theft by unlawful taking, convicted felon in possession of a handgun, drug related offenses and persistent felony offender, the defendant stipulated to his competency to stand trial. A trial date was scheduled for March 19 with a pretrial conference March 7.

* During motion hour, motion to set a trial date, in the case of Commonwealth vs. Desirea Riddle, charged with receiving stolen property, possession of a controlled substance and drug paraphernalia, a trial date of April 17 was scheduled with a pretrial conference on March 7.

* During motion hour, motion to set a trial date, in the case of Commonwealth vs. James L. Smith, charged with theft by unlawful taking, convicted felon in possession of a handgun, criminal mischief and persistent felony offender, a trial date of May 2 was scheduled with a pretrial conference on March 7.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Zachary T. Franklin, charged with drug and traffic related offenses, the defendant did not appear and the active warrants against the defendant remain.

* During motion hour, motion for probation, in the case of Commonwealth vs. Douglas Eugene Wade, charged with flagrant nonsupport, the defendant did not appear and an arrest warrant was issued.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Charlie Kay York, charged with drug related offenses and persistent felony offender, the defendant did not appear and an arrest warrant was issued.

* During motion hour, motion for bench warrant, in the case of Commonwealth vs. Richard Roberts, charged with theft by failure to make required disposition over $10,000 and theft by deception–cold check, under $10,000, the Court issued a warrant.

Several other cases were continued for various legal reasons.