April term of Clinton Circuit Court held

Posted May 1, 2019 at 8:17 am

The latest term of Clinton Circuit Court was held April 11 with Circuit Judge David L. Williams presiding over the docket.

The following are cases in which some type of final resolution and ruling were made and/or trial dates being scheduled.

* Sentencing was held in the case of Commonwealth vs. Jesse Pittman, pursuant to an agreement reached on March 18.

The defendant pled guilty to the offenses of theft by unlawful taking over $10,000 and persistent felony offender second degree with a 12-year sentence imposed, probated for five years with supervision. The defendant will pay restitution in the amount of $1,250 plus court cost and receive credit for time served.

In accordance with the plea agreement, the following charges were dismissed: possession of a controlled substance second degree, theft by unlawful taking over $500 (firearm), possession of a handgun by a convicted felon, possession of a controlled substance first degree, possession of drug paraphernalia and persistent felony offender first degree.

* Sentencing was held in the case of Commonwealth vs. Shayne D. Capps, after the plea entered was incorrect and withdrawn.

During last month’s sentencing, the defendant pled guilty to possession of a controlled substance first degree with a three-year sentence imposed. Pursuant to the agreement with the Commonwealth, the sentence will be probated for five years with supervision. The defendant has requested to reside in Florida and the Commonwealth is in agreement.

The defendant shall forfeit with co-defendants Edward J. Adams and Miranda Rogers, $4,104.00 and a 22-.22 cal/mag Phoenix Arms Pistol. He will receive credit for time served.

Under terms of the agreement, the following charges were dismissed: trafficking in a controlled substance first degree; trafficking in marijuana; possession of drug paraphernalia; wanton endangerment first degree; three counts of possession of a controlled substance not in original container; three counts of possession of a controlled substance third degree and two counts of persistent felony offender first degree.

* Sentencing was held in the case of Commonwealth vs. Timothy Stapp, pursuant to a plea agreement reached on February 14.

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 enter and complete Full Sail University in Winter Park, Florida and submit all transcripts to Kentucky. He will receive credit for time served.

Pursuant to the agreement, the following charges were dismissed: possession of drug paraphernalia, trafficking in a controlled substance first degree, first offense and persistent felony offender first degree.

* Sentencing was held in the case (from Cumberland County) of the Commonwealth vs. David Terry, pursuant to an agreement reached on March 12.

The defendant pled guilty to flagrant nonsupport with a five year sentence, probated for five years with supervision. The defendant will pay a total of $423.73 monthly (including arrearage) and receive credit for time served.

* A plea agreement was reached in the case of Commonwealth vs. Benjamin Claywell.

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

Upon a plea of guilty to receiving stolen property, the defendant would receive a three-year sentence, and upon a plea of guilty to possession of a controlled substance first degree, a one-year sentence, to run concurrent for three years to serve and the defendant is to pay court costs.

Final sentencing is scheduled for May 9.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Charleton T. Conner.

The Commonwealth recommended dismissing the following: trafficking in marijuana less than eight ounces; possession of drug paraphernalia; possession of marijuana; possession of a controlled substance first degree and persistent felony offender second degree.

Upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a one year sentence to serve and pay a $3,000 fine plus court cost.

Final sentencing was to be held in Monroe County on April 18.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jennifer Lynn Stockton.

The Commonwealth recommended dismissing the following: two counts of possession of a controlled substance not in original container; possession of a controlled substance third degree; trafficking in marijuana; and trafficking in a controlled substance first degree, first offense.

Upon a plea of guilty to possession of a controlled substance first degree and tampering with physical evidence, the defendant would receive a one-year sentence on each charge to run concurrent for one year to serve and forfeit $182 and pay court costs.

Final sentencing has been scheduled for May 9.

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

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

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three-year sentence, and receiving stolen property, a five year sentence, to run concurrent for five years, probated for five years with supervision.

Final sentencing has been scheduled for May 9.

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

The Commonwealth recommended dismissing the following: five counts of criminal possession of a forged instrument second degree and two counts of the same under a separate indictment.

Upon a plea of guilty to criminal possession of a forged instrument second degree, the defendant would receive a five-year sentence and on a plea of criminal possession of a forged instrument first degree (five counts), a five year sentence on each count, all to run concurrent with other indictments for a total of five years, to be probated for five years with supervision.

The defendant will also pay a total restitution of $1,324.00.

Final sentencing has been scheduled for May 9.

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

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

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a two-year sentence, probated for three years with supervision, pay court costs and not receive credit for time served.

Final sentencing was scheduled for May 9.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Nicholas Van Cash, charged with theft by unlawful taking, convicted felon in possession of a firearm and persistent felony offender, the Court determined the defendant had violated terms and conditions of probation and revoked same.

* During a pretrial conference in the case of Commonwealth vs. Daniel J. Cappiello, charged with several drug and traffic offenses, the defendant was in contempt of court with bond being revoked and a pretrial conference scheduled for May 9.

* During scheduled sentencing in the case of Commonwealth vs. Jason Hanna, charged with second degree assault, sentencing was continued to May 9.

* During motion hour to revoke probation, in the case of Commonwealth vs. William Russell Perdue, charged with manufacturing meth and persistent felony offender, in lieu of revocation, the defendant is to enter and complete a long-term treatment program.

* During motion hour to revoke probation, in the case of Commonwealth vs. Frankie D. Davidson, charged with trafficking in a controlled substance, in lieu of revocation, the defendant is to be assessed by the Social Service Clinician regarding placement in long-term treatment.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Billy Jay Craig, charged with manufacturing methamphetamine, etal, in lieu of revocation, the defendant shall enter and complete a long-term treatment program.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Jonathan M. Blaesing, charged with first degree assault, in lieu of revocation, the defendant was ordered to serve an alternative sentence until May 1 and after release be assessed by the Social Service Clinician and follow all recommendations of the clinician.

* During a case review, in the case of Commonwealth vs. Deana Sue Bell, charged with criminal mischief, theft by unlawful taking over $500 and two counts of wanton endangerment, in lieu of revocation, the defendant was released and shall be assessed at Adanta regarding any mental health or substance abuse treatment needed.

* During a pretrial conference in the case of Commonwealth vs. Michael Polston, charged with theft by unlawful taking over $500 but less than $10,000, the trial date remains set for May 13-15.

* During a pretrial conference in the case of Commonwealth vs. James Ray Neal, charged with theft by unlawful taking over $500 but less than $10,000, the trail date remains scheduled for May 13-15.

* During a pretrial conference, in the case of Commonwealth vs. Tommy M. Blevens, charged with theft by unlawful taking over $500 but less than $10,000, the trial date remains set for May 13-15.

* During motion hour, to revoke pretrial diversion in the case of Commonwealth vs. Tommy Lewis, charged with registration of securities, fraud/other practices–willful, and theft by deception, cold checks over $10,000 the defendant did not appear and a bench warrant was issued for his arrest.

* During motion hour, to revoke probation, in the case of Commonwealth vs. Chad E. Leavell, charged with tampering with physical evidence, possession of meth and drug paraphernalia, the defendant did not appear and an arrest warrant was issued.

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

* During motion hour, to revoke probation, in the case of Commonwealth vs. Jessica Cross, charged with tampering with physical evidence, the defendant did not appear and an arrest warrant was issued.

* During scheduled sentencing in the case of Commonwealth vs. Ashley Baker, charged with possession of a controlled substance, drug paraphernalia, marijuana and promoting contraband, the defendant did not appear and an arrest warrant was issued.

Several other cases were on the court calendar in April with several defendants being arraigned, entering not guilty pleas and having pretrial conference dates set. Other cases were continued generally for various reasons.