Clinton Circuit Court held; grand jury indicts one

Posted December 23, 2019 at 12:36 pm

The final 2019 term of Clinton Circuit Court and final grand jury session of the six-month term were each held on Thursday, December 2, with Circuit Judge David L. Williams presiding over the docket.

The following are cases in which some type of resolutions were reached or ruling handed down.

* Sentencing was held in the case of Commonwealth vs. Sharla Lynn Brown, pursuant to a plea agreement reached on November 7.

The defendant pled guilty to trafficking in a controlled substance first degree with a five year sentenced imposed. The Commonwealth opposed probation. The defendant will receive credit for time served.

Under the plea, charges of possession of a controlled substance first degree and possession of drug paraphernalia were dismissed.

* Sentencing was held in the case of Commonwealth vs. Danny Holman, pursuant to a motion to revoke pretrial diversion, having been heard on November 7, 2011.

On November 7, 2019, the court determined the defendant had violated terms and conditions of pretrial diversion and found him guilty of flagrant nonsupport with a four year sentence imposed. The Commonwealth opposed probation and the defendant will receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Deborah Faye Bell, pursuant to a plea agreement reached on November 7.

The defendant pled guilty to trafficking in a controlled substance first offense with a five year sentence imposed, probated for five years with supervision. The defendant will also pay restitution in the amount of $269.18 and court costs and will receive credit for time served.

Charges of possession of drug paraphernalia and fraudulent use of a credit card were dismissed.

* Sentencing was held in the case of Commonwealth vs. Jeremy Braswell, pursuant to a plea agreement reached on November 7.

The defendant pled guilty to receiving stolen property with a three year sentence imposed, probated for five years unsupervised as long as the defendant resides outside the state of Kentucky. He will also pay court cost and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Steven Crabtree, pursuant to a plea agreement effectuated on November 13.

The defendant pled guilty to receiving stolen property less than $10,000 with a five-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant will serve six months with the balance probated for five years with supervision. The defendant will also pay restitution in the amount of $1,000.00.

The defendant will receive credit for time served and a charge of obscuring the identity for a machine or other property was dismissed.

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

The Commonwealth recommended that upon a plea of guilty to trafficking in a controlled substance first degree, the defendant would receive a five year sentence, probated for five years with supervision and pay a $200 fine and court costs.

Final sentencing has been scheduled for January 9.

* Sentencing was held in the case of Commonwealth vs. Nick Posey, pursuant to a prosecution motion to revoke pretrial diversion that was held on November 7, when the court determined the defendant had violated terms and conditions of pretrial diversion.

The court found the defendant guilty of flagrant nonsupport with a four year sentence imposed. 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. Rebecca Ann Richardson.

The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking or disposition (two counts), the defendant would receive a five-year sentence on each, to run concurrently for five years, pretrial diverted for five years with supervision. The defendant will also pay restitution in the amount of $5,671.43.

* During a revocation hearing in the case of Commonwealth vs. Steven A. Swift, charged with criminal trespass-third degree, burglary-third degree and criminal mischief first degree, the court determined the defendant had violated terms of pretrial diversion and revoked same. Final sentencing is scheduled for January 9.

* During motion hour, motion to revoke, in the case of Commonwealth vs. Matthew Wray, charged with receiving stolen property under $10,000 and obscuring the identity of a machine, 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 pretrial conference in the case of Commonwealth vs. Teddy Davis, charged with trafficking in a controlled substance first offense and other drug related charges, based upon the appearance of the defendant, the court requested he be drug tested. The defendant could not produce and was found in contempt of court and given 90 days in jail.

* During a revocation hearing in the case of Commonwealth vs. Teresa McIver, charged with theft by unlawful taking, $10,000 or more, in lieu of revocation, the defendant will be assessed for eligibility for the Clinton County Drug Court Program.

* During a revocation hearing in the case of Ida Mae Myers, charged with trafficking in a controlled substance second or subsequent offense, in lieu of revocation, the defendant shall enter and complete a long-term treatment program.

* During a revocation hearing in the case of Commonwealth vs. David L. Stockton, charged with trafficking in a controlled substance first offense, the defendant shall enter and complete the Clinton County Drug Court Program.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Jeremy Edwin Thrasher, charged with burglary third degree, et al., the order denying shock probation was rescinded and the matter was continued for redocketing or entry of an agreed order.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. James L. Smith, charged with theft by unlawful taking, persistent felony offender, et al., the court rescinded the order denying shock probation previously entered. The matter was continued for redocketing or entry of an agreed order.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Allen D. Johnson, charged with theft by unlawful taking $500 or more, et al., the court rescinded the order denying shock probation previously entered. The matter is scheduled for January 9.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Timothy Randall Parrigan, charged with trafficking in a controlled substance first offense, etal, the court rescinded the order denying shock probation previously entered. The matter is continued for redocketing or entry of an agreed order.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. James David Denney, charged with five counts of third degree assault, traffic violations, et al., the order denying shock probation was rescinded with an order to be tendered.

* During a pretrial conference in the case of Commonwealth vs. Debra Kathleen Polston, charged with burglary second degree and criminal trespass first degree, the matter remains set for trial on January 28.

* During a pretrial conference in the case of Commonwealth vs. Tommy Blevins, charged with criminal trespass first degree, burglary second degree, et al., the court overruled a motion for bond reduction. The matter remains set for trial on January 28.

* During motion hour, motion for shock probation, in the case of Commonwealth vs. Cody D. Chilton, charged with theft by unlawful taking or disposition, possession of a controlled substance first degree, et al., the court granted the motion for shock probation with an order to be tendered.

* During a revocation hearing in the case of Commonwealth vs. Calvin Jamie Davis, charged with 19 total counts, including manufacturing methamphetamine, several counts of first degree wanton endangerment, et al., there was a warrant previously issued and the defendant shall be placed in NCIC.

* During a pretrial conference in the case of Commonwealth vs. George Patrick Noe, charged with second degree assault, the defendant did not appear and a warrant of arrest was issued. The defendant is to be held without bond, with another pretrial conference scheduled for January 9.

Several other cases on the docket were continued to a later date.

— Clinton Grand Jury

The Clinton County Grand Jury also convened on December 2, returning only one true bill in open circuit court, as follows:

* Sidney Foster, the alleged offenses of possession of marijuana, Class B misdemeanor and possession of a controlled substance first degree, Class D felony, the alleged offenses having occurred on or about September 19.

((Editor’s Note: An indictment is a statement of probable cause to believe an offense has been committed and further court proceedings are warranted. Individuals named in an indictment are presumed innocent unless proven guilty in court.)