June term of Clinton Circuit Court has light docket

Posted July 3, 2019 at 8:36 am

A term of Clinton Circuit Court was held on June 6 with Circuit Judge David L. Williams presiding over a lighter than usual docket.

The following are those cases where some type of resolutions, such as sentencings, plea agreements or rulings were made:

* Sentencing was held in the case of Commonwealth vs. Kensey Pruitt in a motion to revoke pretrial diversion, during an agreement reached on May 9.

The defendant pled guilty to possession of a controlled substance first degree (two counts) with a three year sentence on each count to run concurrent for a total of three years. 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. Charles Livingston.

The Commonwealth recommended dismissing the charges of two counts of persistent felony offender first degree. Upon a plea of guilty to theft by unlawful taking more than $500 (two counts), the defendant would receive a five year sentence on each count to run concurrent for five years, probated for five years supervision or until restitution in the amount of $6,000 is paid in full. The defendant will received credit for time served.

Final sentencing is scheduled for July 11.

* Sentencing was held in the case of Commonwealth vs. Jeffery Clark, pursuant to an agreement reached on May 9.

The defendant pled guilty to flagrant nonsupport with a three-year sentence imposed. Pursuant to the agreement, the sentence will be probated for five years with supervision. The defendant shall pay child support, including arrearage, in the amount of $345 per month beginning within 30 days after sentencing.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jacklyn Diane Bell.

The Commonwealth recommended dismissing the following: public intoxication; possession of drug paraphernalia and possession of a controlled substance first degree. Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall receive a sentence of five years, pretrial diverted for five years with supervision and be assessed for the Clinton County Drug Court Program.

* During a pretrial conference, in the case of Commonwealth vs. James L. Smith, originally charged with receiving stolen property $10,000 or more, persistent felony offender, etal, the court reinstated the defendant’s guilty plea and scheduled final sentencing for July 11.

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

The Commonwealth recommended amending the charge of assault third degree to fourth degree with the defendant to receive a 12-month sentence, pay court cost and receive credit for time served. A misdemeanor judgment was entered.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Flinton Ray Thacker, originally charged with several counts of criminal possession of a forged instrument second degree, the court granted shock probation with the defendant to be probated for five years with supervision.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Shayne D. Capps, charged with drug offenses, wanton endangerment and persistent felony offender, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During a motion hearing in the case of Commonwealth vs. Elizabeth Anna Troxel, charged with drug related offenses, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During a motion hearing in the case of Commonwealth vs. Matthew Wray, charged with receiving stolen property and obscuring the identity of a machine, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, in the case of Commonwealth vs. Jessica Cross, charged with tampering with physical evidence, in lieu of revocation, the defendant shall serve an alternative sentence of 30 days and enter and complete the Clinton County Drug Court Program.

* During motion hour, in the case of Commonwealth vs. Marvin D. Crowe, originally charged with criminal possession of a forged instrument, in lieu of revocation, the defendant shall be released from jail once the total of his restitution is paid in full and his probation will be extended for one year, unsupervised.

* During motion hour, in the case of Commonwealth vs. Amber D. Maloy, charged with tampering with physical evidence, drug related charges and persistent felony offender, in lieu of revocation, the defendant shall enter and complete the SAP-IOP.

* During motion hour, in the case of Commonwealth vs. Ricky Perdue, charged with wanton endangerment and third degree criminal trespass and first degree assault, in lieu of revocation, the defendant shall enter and complete SAP-IOP.

* During a suppression hearing, in the case of Commonwealth vs. Daniel J. Cappiello, charged with drug related offenses, the court took the matter under advisement with briefs to be tendered. Meanwhile, a trial date of July 30 was set.

* During a pretrial conference, in the case of Commonwealth vs. Dillon M. Flowers, charged with fleeing or evading police, receiving stolen property, wanton endangerment, etal, a trial date was scheduled for August 27 with a pretrial conference on July 11.

* During a review, in the case of Commonwealth vs. Joseph B. Allred, originally charged with drug related and traffic violations, upon a request by the Commonwealth the matter was dismiss/diverted.

* During sentencing, in the case of Commonwealth vs. Zachary T. Franklin, originally charged with drug related offenses, the court set aside the order voiding pretrial diversion and dismissed/diverted the case.

* During sentencing, in the case of Commonwealth vs. Brett Wayne Murphy, originally charged with wanton endangerment, the court set aside the order violating pretrial diversion and dismiss/diverted the case.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Richard Justin Mason, the defendant did not appear and an order of arrest was issued.

* During a revocation hearing, in the case of Commonwealth vs. Elmer G. Neal, charged with criminal trespass and theft by unlawful taking $10,000 or more, the defendant did not appear and an order or arrest was issued.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Joseph E. Norris, charged with flagrant nonsupport, the defendant did not appear and an order of arrest was issued.

Several other cases on the court calendar were continued and some defendants appeared for arraignment, entering not guilty pleas and having pretrial conference dates scheduled.