July term of Clinton Circuit Court

Posted July 24, 2019 at 8:32 am

The monthly term of Clinton Circuit Court was held July 11 before Circuit Judge David L. Williams, who presided over a heavy case load. Several defendants were either sentenced or reached plea agreements, several trial dates were set and other rulings made.

The following are cases in which some type of resolutions were made or court dates scheduled.

* Sentencing was held in the case of Commonwealth vs. James L. Smith, pursuant to an agreement effectuated on April 25.

The defendant entered a guilty plea to theft by unlawful taking or disposition less than $500 with a 12-month sentence imposed; guilty to possession of a handgun by a convicted felon with a 10-year sentence and burglary third degree with a five-year sentence.

Pursuant to the recommendation of the Commonwealth, the sentences would run concurrent for 10 years and the prosecution opposed probation with the defendant to serve the remainder of the 10-year sentence and receive credit for time served.

Once incarcerated, he shall enter the SAP Program. If the defendant is placed in an institution where SAP is not available, the Commonwealth will agree to shock probation the defendant for three months from final sentencing into a long-term rehabilitation facility. The defendant will also forfeit a 45 cal. handgun and pay court cost.

The following charges will be dismissed: two counts of second degree persistent felony offender; possession of a controlled substance first degree and drug paraphernalia.

* Sentencing was held in the case of Commonwealth vs. Jimmy Smith, pursuant to an agreement effectuated on May 9.

The defendant pled guilty to criminal possession of a forged instrument with a five-year sentence imposed and will pay restitution in the amount of $800.00. The court also found the defendant guilty of possession of a controlled substance first degree with a three year-sentence, with the sentences to run concurrent for five years, probated for five years with supervision and the defendant will receive credit for time served.

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

The defendant pled guilty to possession of a controlled substance first degree with a five-year sentence imposed and guilty to receiving stolen property with a five year-sentence, to run concurrent for five years, probated for five years with supervision.

The defendant will be assessed by the Social Service Clinician, receive credit for time served and the charge of possession of drug paraphernalia was dismissed.

* Sentencing was held in the case of Commonwealth vs. Charles Livingston, pursuant to an agreement effectuated on June 6.

The defendant pled guilty to theft by unlawful taking or disposition over $500 (two counts) with a five-year sentence on each count imposed. The sentences shall run concurrent for five years, probated for five years with supervision and the defendant will pay restitution in the amount of $6,000 and receive credit for time served.

The following charges were dismissed: two counts of persistent felony offender first degree, with a case review scheduled for August 8.

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

The Commonwealth recommended dismissing the charge of persistent felony offender second degree. Upon a plea of guilty to receiving stolen property, the defendant would receive a five-year sentence, probated for five years with supervision, receive credit for time served and pay court costs.

Final sentencing is scheduled for August 8.

* Sentencing was held in the case of Commonwealth vs. George W. Cole, pursuant to a jury trial conducted on May 22.

The defendant was found guilty of sexual abuse first degree with a one-year sentence imposed. He will receive credit for time served.

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

The defendant pled guilty to fleeing or evading police on foot and motor vehicle with a five-year sentence on each charge. Further, guilty to trafficking in a controlled substance first degree-second offence with a 10-year sentence. The sentences shall run concurrent for 10-years. Lastly, the defendant was found guilty of DUI with a $500 fine imposed.

The sentences shall run consecutive with indictments in Wayne Circuit Court. The Commonwealth opposed probation and the defendant will serve the remainder of the 10-year sentence and receive credit for time served.

The following were dismissed: reckless driving, wanton endangerment first degree, operating a motor vehicle on revoked license and DUI.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Michael Duwayne Points.

The defendant pled guilty to charges of possession of a controlled substance first degree with a one-year sentence imposed; and DUI with a $200 fine imposed. The Commonwealth opposed probation.

The defendant will serve the remainder of the one year sentence and receive credit for time served. The following charges were dismissed: trafficking and possession of marijuana; possession of drug paraphernalia; and several traffic related violations.

* During motion hour, motion for jury trial, a plea agreement was reached in the case of Commonwealth vs. David Harding.

The Commonwealth recommended that upon a plea of guilty to flagrant non-support (two counts) a sentence of five years on each count be imposed, probated for five years with supervision or until restitution is paid in full. The defendant will receive credit for time served and pay court costs.

Final sentencing is scheduled for August 8.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Edward J. Adams, charged with several drug related offenses, the court denied a motion for shock probation.

* During a revocation hearing, in the case of Commonwealth vs. Deana Sue Bell, charged with drug related offenses, the court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

* During motion hour, in the case of Commonwealth vs. Jammie D. Helm, charged with flagrant nonsupport, the court determined the defendant had violated terms and conditions of pretrial diversion and revoked same.

* During a revocation hearing in the case of Commonwealth vs. Wesley L. McGaw, charged with possession of a controlled substance and drug paraphernalia, the court determined the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, in the case of Commonwealth vs. Kaleb A. Perdue, charged with receiving stolen property, 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. Janelle Faye Willis, charged with theft by unlawful taking and fraudulent use of a credit card, the court concluded the defendant had violated terms and conditions of probation and revoked same.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Richard Justin Mason, originally charged with carrying a concealed weapon, possession of controlled substances, etal, the court sustained the motion for shock probation and set the matter for review on September 5.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Matthew Wray, originally charged with receiving stolen property under $500 and obscuring the identity of a machine, the court sustained the motion for shock probation and probated the sentence for five years.

* During motion hour, in the case of Commonwealth vs. Donnie R. Blevins, charged with two counts of third degree burglary and possession of burglary tools, a trial date was scheduled for September 17 and a pretrial conference for August 8.

* During motion hour, in the case of Commonwealth vs. Tommy M. Blevens, charged with two counts of third degree burglary and possession of burglary tools, a trial date of September 17 was scheduled with a pretrial conference set for August 8.

* During a pretrial conference, in the case of Commonwealth vs. Joni Gale Roberts, charged with drug related offenses, a suppression hearing was held. The defendant was given until July 29 to file a brief and the Commonwealth August 7 to respond. Meanwhile, a trial was scheduled for September 24 with a pretrial conference on August 8.

* During a pretrial conference, in the case of Commonwealth vs. Tyler White, charged with second degree assault, wanton endangerment, etal, the court denied a motion for bond reduction, scheduled a trial date for August 27 and a pretrial conference for August 8.

* During a pretrial conference, in the case of Commonwealth vs. Jeremy Adam York, charged with wanton endangerment, fleeing or evading, etal, a trial date was scheduled for October 15 with a pretrial conference on September 5.

* During a pretrial conference, in the case of Commonwealth vs. Daniel J. Cappiello, charged with several drug related offenses, the matter remains set for trial on July 30.

* During a pretrial conference, in the case of Commonwealth vs. Dillon Flowers, charged with wanton endangerment, receiving stolen property over $10,000, etal, the matter remains set for trial on August 24.

* During a pretrial conference, in the case of Commonwealth vs. Jeremy D. Wright, charged with wanton endangerment, illegal take/pursue of deer/turkey, etal, the matter remains set for trial on August 7.

* During a pretrial conference in the case of Commonwealth vs. April Plank, originally charged with receiving stolen property $10,000 or more, upon request of the Commonwealth, the matter was dismissed.

* During motion hour, in the case of Commonwealth vs. Matthew Sitkins, originally charged with possession of methamphetamine and drug paraphernalia, upon a request by the prosecution, the matter was dismissed.

* During a pretrial conference, in the case of Commonwealth vs. Steven M. Crabtree, charged with obscuring the identity of a machine and receiving stolen property under $10,000, the defendant did not appear and an order of arrest was issued.

* During a revocation hearing, in the case of Commonwealth vs. Anthony B. Lee, charged with second degree assault, the defendant did not appear. A warrant of arrest had previously been issued.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Matthew Thrasher, charged with possession of a controlled substance, fleeing or evading, etal, the defendant did not appear. An order of arrest was issued and the defendant was to be placed in NCIC.

Several other cases were also on the docket but continued for various reasons.