Circuit Court session sees a host of cases resolved

Posted May 29, 2019 at 8:39 am

Clinton Circuit Court convened in regular session on Thursday, May 9 with Circuit Judge David L. Williams presiding over the docket.

The following cases saw some type of resolutions reached, either sentencing, plea agreements, trial dates scheduled or rulings made.

* Sentencing was held in the case of Commonwealth vs. Benjamin Claywell, pursuant to a plea agreement effectuated on April 11.

The defendant pled guilty to receiving stolen property with a three-year sentence imposed, and guilty to possession of a controlled substance with a one-year sentence, with the two sentences to run concurrent for three years.

The Commonwealth opposed probation and the defendant will serve the three-year sentence, receive credit for time served and pay court costs.

Under terms of the plea, a charge of possession of drug paraphernalia was dismissed.

* Sentencing was held in the case of Commonwealth vs. Jason Hanna, pursuant to a plea agreement effectuated on March 7.

The defendant pled guilty to second degree assault with a five year sentence imposed, probated for five years with supervision and the Commonwealth agrees to have the defendant reside in California.

* Sentencing was held in the case of Commonwealth vs. Darrell Keith Murphy, pursuant to an agreement effectuated on April 11.

The defendant pled guilty under one indictment to criminal possession of a forged instrument-second degree with a five-year sentence, guilty to five counts under a separate indictment with five years on each count, all to run concurrent for five years with supervision.

The defendant will also be assessed by a Social Services Clinician and will pay restitution of over $1,500 at a rate of $100 per month.

Under the agreement, the following charges were dismissed: seven total charges (under two separate indictments) of second degree criminal possession of a forged instrument.

* Sentencing was held in the case of Commonwealth vs. Ashley Baker, pursuant to an agreement effectuated on March 7.

The defendant pled guilty to possession of a controlled substance first degree with a three-year sentence imposed, and promoting contraband first degree with a three-year sentence, to run concurrent for three years but consecutive to a Wayne County indictment, for a total of eight years, probated for five years with supervision.

Under terms of the plea, charges of possession of marijuana and drug paraphernalia were dismissed.

* Sentencing was held in the case of Commonwealth vs. Ladonna Kempton, pursuant to a plea agreement effectuated on April 11.

The defendant pled guilty to possession of a controlled substance first degree with a two-year sentence imposed, probated for three years with supervision. The defendant is also to enter and complete the Clinton County Drug Court Program and pay court costs.

Under terms of the plea, charges of possession of drug paraphernalia, trafficking in a controlled substance first degree and persistent felony offender second degree were dismissed.

* During scheduled sentencing in the case of Commonwealth vs. Desirea Riddle, charged with receiving stolen property, possession of a controlled substance and drug paraphernalia, the court wrote, “based on the appearance and demeanor of the defendant, the Court requested the defendant be drug tested. The defendant admitted she would be positive for marijuana and failed to produce.”

* During scheduled sentencing in the case of Commonwealth vs. James L. Smith, charged with receiving stolen property, persistent felony offender, theft by unlawful taking, etal, the Court rejected the proposed plea agreement and a special prosecutor will be assigned to the case.

A pretrial conference has been scheduled for June 6.

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

The Commonwealth recommended that upon a plea of guilty to criminal possession of a forged instrument, the defendant would receive a five-year sentence. Under the indictment, the defendant would pay restitution of $800 at $75 per month.

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

Final sentencing is scheduled for June 6.

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

The Commonwealth recommended that on a plea of guilty to flagrant nonsupport, the defendant would receive a three-year sentence, probated for three years with supervision or until arrearages are paid in full. The defendant shall pay $9,279 at a total of $345 total per month.

Final sentencing is scheduled for June 6.

* During motion hour, in the case of Commonwealth vs. Jeremy Adam York, charged with theft by unlawful taking and persistent felony offender, the Court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, in the case of Commonwealth vs. Maria D. Shelton, charged with drug related offenses and persistent felony offender, the Court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, in the case of Commonwealth vs. Kensey Pruitt, charged with drug related offenses and third degree burglary, the defendant acknowledged having violated terms and conditions of pretrial diversion and the court revoked same.

Final sentencing is scheduled for June 6.

* During a case review, in the case of Commonwealth vs. Brett Wayne Murphy, charged with two counts of first degree wanton endangerment, the Court determined the defendant had violated the terms and conditions of pretrial diversion and revoked same.

Final sentencing is scheduled for June 6.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Allen D. Johnson, charged with theft by unlawful taking, criminal mischief and third degree burglary, the defendant acknowledged having violated the terms and conditions of probation and the Court revoked same.

(Note: Defendants whose probation and/or pretrial diversion was revoked will also receive credit for any time served.)

* During motion hour, motion to revoke pretrial diversion in the case of Commonwealth vs. Zachary T. Franklin, charged with drug related offenses as well as traffic violations, the Court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

Final sentencing was scheduled for June 6.

* During a pretrial conference in the case of Commonwealth vs. Jeremy D. Wright, charged with wanton endangerment, terroristic threatening, obstruction/interference with an officer and various hunting violations, a trial date of August 7 was scheduled with a pretrial conference set for July 11.

* During a pretrial conference, in the case of Commonwealth vs. Misty Stephens, charged with theft by unlawful taking over $500 but less than $10,000, a trial date was scheduled for October 22 with a pretrial conference on September 5.

* During a pretrial conference in the case of Commonwealth vs. Johnny Stephens, charged with theft by unlawful taking over $500 but less than $10,000, a trial date was scheduled for October 22 with a pretrial conference on September 5.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Tarina R. Whited, originally charged with theft by unlawful taking or disposition controlled substance under $10,000, the Court denied a motion to revoke probation.

* During motion hour, motion to revoke probation, in the case of Shayne D. Capps, charged with several drug related offenses, the defendant did not appear. A warrant of arrest has previously been issued.

Some defendants appeared for arraignment on charges, entering not guilty pleas and having pretrial conference dates scheduled. Several other cases were continued to a later date.