August circuit court session held

Posted August 28, 2019 at 12:44 pm

The August terms of Clinton Circuit Court and Clinton Grand Jury were held August 8. Circuit Judge David L. Williams presided over the Clinton Circuit Court docket with the following official actions being taken.

* Sentencing was held in the case of Commonwealth vs. Daniel J. Cappiello, pursuant to a plea agreement reached on July 25.

The defendant pled guilty to trafficking in a controlled substance with a six year sentence imposed. The Commonwealth opposed probation. The defendant shall also forfeit $2,000 to the sheriff’s office and $2,895 held in evidence will be returned to the defendant’s sister.

The defendant will receive credit for time served and under the plea agreement, several charges were dismissed.

* Sentencing was held in the case of Commonwealth vs. Deana Sue Bell, pursuant to a motion to revoke pretrial diversion heard on July 11.

The defendant was found guilty of facilitation to manufacture methamphetamine with a five year sentence imposed. The Commonwealth opposed probation. The sentence will also run concurrently with a sentence under a separate indictment and the defendant will receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Joey Duvall, pursuant to a plea agreement reached on July 11.

The defendant pled guilty to receiving stolen property with a five year sentence imposed, probated for five years with supervision. The defendant will pay court cost and receive credit for time served.

Under terms of the agreement,a charge of persistent felony offender second degree was dismissed.

* Sentencing was held in the case of Commonwealth vs. David Harding, pursuant to an agreement reached on July 11.

The defendant pled guilty to two counts of flagrant nonsupport with a five year sentence imposed on each count to run concurrent for five years, probated for five years with supervision. The defendant shall pay $100 per month in child support and $75 extra in arrearage and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Jammie D. Helm, pursuant to a motion to revoke pretrial diversion heard on July 11.

The defendant was found guilty of flagrant nonsupport with a one-year sentence imposed. The Commonwealth opposed probation. The defendant shall receive credit for time served.

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

The Commonwealth recommended dismissing the following charges: resisting arrest, possession of drug paraphernalia, and persistent felony offender second degree (three counts).

Upon a plea of guilty to assault second degree, the defendant shall receive a six and-a-half year sentence; guilty to assault third degree, a five-year sentence; and wanton endangerment first degree, a five year sentence to run concurrent for six and one-half years to serve. The defendant would receive credit for time served and the Commonwealth opposed probation.

Final sentencing was scheduled for September 5.

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

The Commonwealth recommended dismissing the following charges: criminal attempt to escape second degree, three counts of third degree terroristic threatening and persistent felony offender second degree. Upon a plea of guilty to assault third degree, the defendant would receive a five-year sentence to serve and the Commonwealth will oppose probation.

Final sentencing has been set for September 5.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Nathaniel L. Davis.

The Commonwealth recommended dismissing the charge of operating a motor vehicle while license is revoked for DUI. Upon a plea of guilty to operating a motor vehicle while under the influence, fourth offense, the defendant would receive a five-year sentence, serve 120 days in jail with the balance probated for five years with supervision, pay $500 in fines and court cost and enter and complete the Clinton County Drug Court Program.

Final sentencing has been scheduled for September 5.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Kirensa Danielle Dishman, pursuant to a motion for pretrial diversion.

The Commonwealth recommended dismissing the charge of criminal trespass third degree. Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall receive a sentence of three years, pretrial diverted for five years with supervision. The defendant shall receive credit for time served and be referred to the Social Service Clinician and pay court cost.

* During a pretrial conference in the case of Commonwealth vs. Glenn Lee Russell, pursuant to a motion for pretrial diversion, the Commonwealth recommended dismissing the charge of possession of marijuana.

Upon a plea of guilty to marijuana cultivation, the defendant shall receive a three year sentence, pretrial diverted for three years with supervision and receive credit for time served.

* During arraignment, a plea agreement was reached in the case of Commonwealth vs. Kensey M. Pruitt.

The Commonwealth recommended dismissing the charge of possession of a controlled substance first degree.

Upon a plea of guilty to promoting contraband first degree, a one-year sentence was imposed. The Commonwealth opposed probation and the defendant will receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Matthew Thrasher, charged with drug related offenses and flagrant nonsupport, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Jeremy Edwin Thrasher, charged with burglary third degree, trafficking in a controlled substance, etal, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Timothy Randall Parrigin, charged with trafficking in a controlled substance first offense, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Elmer G. Neal, charged with theft by unlawful taking and criminal trespass, the court declined to revoke probation. The defendant shall be on a period of probation for five years, operate under a curfew and be assessed by a Social Service Clinician.

* During a revocation hearing in the case of Commonwealth vs. Anthony B. Lee, charged with second degree assault, the court concluded the defendant had violated terms and conditions of probation and revoked same. He shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Cody D. Chilton, charged with theft by unlawful taking, possession of a controlled substance, etal, the defendant acknowledged violating terms and conditions of probation and same was revoked. The defendant shall receive credit for time served.

* During a case review, in the case of Commonwealth vs. Flinton Ray Thacker, the court noted a condition of the defendant’s shock probation was that he make substantial payments toward restitution plus a substantial payment toward child support owed under another indictment. The defendant, the court ruled, has filed to make any payments and this revoked his shock probation.

* During a revocation hearing in the case of Commonwealth vs. Jeffery Clark, charged with flagrant nonsupport, in lieu of revocation, the defendant shall enter and compete the Clinton County Drug Court Program.

* During a revocation hearing in the case of Commonwealth vs. Melissa Darlene Leavell, charged with promoting contraband, and possession of a controlled substance and drug paraphernalia, in lieu of revocation, the defendant shall be assessed regarding eligibility for the Clinton County Drug Court Program.

* During a revocation hearing in the case of Commonwealth vs. Quentin Stowell, charged with trafficking in a controlled substance first offense, the court declined to revoke defendant’s probation.

* During a case review, in the case of Commonwealth vs. Richard Justin Mason, charged with carrying a concealed weapon by prior felony offender, drug related charges and traffic violations, the court declined to revoke the defendant and ordered that the time he has served on this violation shall be contempt time and he will not receive credit for it. He shall also be assessed by the Social Service Clinician.

* During motion hour, in the case of Commonwealth vs. Jesse Pittman, charged with theft by unlawful taking, possession of a controlled substance, persistent felony offender, etal, the Commonwealth withdrew the motion to revoke, with a review scheduled for October 10.

* During a shock probation hearing in the case of Commonwealth vs. Jacob Stearns, charged with wanton endangerment, etal., an agreed order granting shock probation was to be tendered.

* During a case review in Commonwealth vs. Jerry Harrison, charged with first degree assault, the matter was dismissed/diverted with an order to be tendered.

* During a pretrial conference in the case of Danny K. Neal, charged with resisting arrest, persistent felony offender, etal, the trial date of September 4 was continued with a pretrial conference scheduled for September 5.

* During a pretrial conference in the case of Commonwealth vs. Tommy M. Blevins, charged with burglary third degree and possession of burglary tools, the court granted a motion to take a witness deposition and the trial date remains set for September 17.

* During a pretrial conference in the case of Commonwealth vs. Donnie R. Blevins, charged with third degree burglary and possession of burglary tools, the court granted a motion to take a witness deposition and kept the trial date set for September 17.

* During a hearing in the case of Commonwealth vs. Roger E. Harmon, originally charged with third degree burglary, the court granted a motion for expungement.

* During a hearing in the case of Commonwealth vs. Sherry Redman, charged with trafficking in a controlled substance first offense, the court granted expungement.

* During a hearing in the case of Commonwealth vs. Travis S. Sloan, charged with possession of a controlled substance, the court granted expungement.

* During motion hour, in the case of Commonwealth vs. Charles Livingston, charged with theft by unlawful taking over $500 and persistent felony offender, the defendant did not appear and a previous order of arrest was continued.

* During a revocation hearing, in the case of Commonwealth vs. Jordan Jones, charged with drug related offenses, the defendant did not appear and an order of arrest was issued.

* During a revocation hearing in the case of Commonwealth vs. Jessica Cross, charged with tampering with physical evidence, the defendant did not appear and previous order of arrest was continued.

* During a revocation hearing in the case of Commonwealth vs. Randy A. Brumley, charged with drug related offenses, the defendant did not appear and an order of arrest was issued.