Latest indictments include one involving drug charges

The Clinton County Grand Jury held its latest session on March 5, returning indictments in open circuit court against seven individuals.

One of those indictments involved a charge involving illegal drug possession, in addition to other charges.

* Steven A. Swift, 40, the alleged offenses of wanton endangerment first degree (Class D felony); resisting arrest (Class A misdemeanor); and, possession of a controlled substance first degree (Class D felony). The alleged offenses occurred on or about November 20, 2019.

Several of the charges were misdemeanor and/or traffic violations.

The grand jury returned the following true bills last month, including several charges that were misdemeanor and/or traffic violations.

* Jeffrey L. Ragan, 59, the alleged offenses of operating a motor vehicle while license is revoked or suspended for DUI, third or subsequent offense and operating a motor vehicle while under the influence of alcohol or other substance, fourth offense within a five year period (Class D felony). The alleged offenses occurred on or about February 1.

* Shannon G. Mercer, 45, the alleged offenses of alcohol or other substance, fourth offense (Class D felony) and driving on a suspended license (Class B misdemeanor). The alleged offenses occurred on or about February 23.

* Christopher Burton, 41, the alleged offense of persistent felony offender first degree (two counts) for the alleged crimes of assault first degree, complicity to assault first degree and burglary first degree with those offenses having occurred on or about January 2. The offenses occurred when the defendant had stood guilty of a prior felony offense within the past five years.

* Trenton D. Tucker, 25, the alleged offenses of driving on a suspended operator’s license (Class B misdemeanor); fleeing or evading police (Class D felony); reckless driving; failure to maintain insurance; disregarding a stop sign; and persistent felony offender second degree. The alleged offense occurred on or about February 22.

* Tammy Gibson, 49, the alleged offenses of speeding; reckless driving; fleeing or evading police (Class D felony); and persistent felony offender first degree. The alleged offenses having occurred on or about October 22, 2019.

* Patricia Diana Smith, 52, the alleged offenses of wanton endangerment first degree (Class D felony) and terroristic threatening (Class A misdemeanor). The alleged offenses occurred on or about October 20, 2019.

Several defendants appeared for arraignment, all entering not guilty pleas and having pretrial conference dates scheduled. Other cases were continued for various legal reasons.

Future court dates and proceedings may be pending due to the COVID-19 health mandates.

For information related to Clinton Circuit Court proceedings, call the circuit clerk’s office at 387-6424.

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

Motions filed during pretrial conference in Fluter murder case

A pretrial conference saw several defense motions made on behalf of a local man charged in connection with the death of his three-year-old niece in December of 2018.

Emanuel Fluter, 35, of Albany, is accused of slitting the throat of Josephine Bulubenchi at a residence on Beaty Creek Road in Clinton County the night of December 8, 2018.

The defendant, who is also charged with second degree assault in connection with injuries suffered by the child’s father, had another hearing on March 5 in Clinton Circuit Court before Circuit Judge David L. Williams.

Fluter is being represented by Public Advocacy Attorney Brad Shuffett.

Among the motions presented to the court was for reciprocal discovery, motion to suppress statement to media, motion for change of venue, motion for individual voir dire, motion to suppress statements and motion in limine to limit pictures.

Judge Williams ordered that any pending motions shall be scheduled for a hearing after mediation in this matter has been conducted.

During a court appearance last November, a three-day trial date was scheduled for May of this year in the case.

In other cases on the March 5 docket, the following are those in which some type of final resolutions were reached or ruled on by the court:

* Sentencing was held in the case of Commonwealth vs. Richard Roberts, pursuant to a plea agreement reached on January 9.

The defendant pled guilty to theft by deception under one indictment with a five year sentence imposed and theft by failure to make required disposition with a five year sentence, to run concurrent for five years. The Commonwealth opposed probation.

The court noted, however, that if the defendant is released on parole or shock probation he would pay restitution in the amount of $24,620. He also received credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Sidney Hale Foster.

The Commonwealth recommended dismissing the charge of possession of marijuana.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a two year sentence to serve and run concurrent with anTaylor County indictment. The defendant shall receive credit for time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Bobby Joe Amonett.

The Commonwealth recommended dismissing the charge of persistent felony offender second degree.

Upon a plea of guilty to theft by deception, the defendant would receive a two year sentence, probated for five years with supervision and pay $1,000 in restitution.

Final sentencing was scheduled for April 9.

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

The Commonwealth recommended the following charges be dismissed: failure to maintain insurance, possession of drug paraphernalia and no registration plates/receipt.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant would receive a three year sentence, pretrial diverted for five years supervision, a fine of $500 and enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William J. Moore.

The Commonwealth recommended dismissing the charges of possession of drug paraphernalia and marijuana.

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 three years with supervision and be referred to the Social Services Clinician.

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

The Commonwealth recommended dismissing the charges of possession of drug paraphernalia and marijuana.

Upon a plea of guilty to possession of a controlled substance first degree, the defendant shall receive a three year sentence, pretrial diverted for three years with supervision and be referred to the Social Services Clinician.

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

The Commonwealth recommended dismissing charges of possession of a controlled substance third degree and possession of a controlled substance not in original container.

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 and enter and complete the Clinton County Drug Court Program.

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

The Commonwealth recommended dismissing the charge of criminal possession of a forged instrument first degree.

Upon a plea of guilty to criminal possession of a forged instrument second degree, the defendant shall receive a two year sentence, pretrial diverted for five years with supervision and pay restitution in the amount of $500.00.

* During a revocation hearing, in the case of Commonwealth vs. David L. Stockton, charged with trafficking in a controlled substance (meth), first offense, the defendant acknowledged having violated terms of pretrial diversion and the court revoked same.

Final sentencing was scheduled for April 9.

* During a revocation hearing in the case of Commonwealth vs. Brooklyn Hathaway, charged with drug related offenses and carrying a concealed weapon, the defendant acknowledged violating terms of probation and same was revoked, with the defendant to receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Billy Craig, charged with persistent felony offender second degree, the defendant acknowledged having violated terms of probation and same was revoked with the defendant given credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Katelyn Amox, charged with possession of a controlled substance (meth) first offense, the defendant acknowledged having violated terms of pretrial diversion and same was revoked.

Final sentencing was scheduled for April 9.

* During motion hour, motion to revoke shock probation, in the case of Commonwealth vs. Christopher S. York, charged with terroristic threatening, attempt escape, assault and persistent felony offender, the court overruled a motion for shock probation.

* During motion hour, motion to withdraw, in the case of Commonwealth vs. Rickey Odell Stockton, charged with assault, wanton endangerment and traffic violations, the court sustained a motion to withdraw. The Commonwealth further stated it was withdrawing its motion to revoke that had been filed.

* During a status hearing, in the case of Commonwealth vs. Amanda J. Shaw, originally charged with criminal mischief and theft by unlawful taking, upon the request of the Commonwealth, the matter was dismissed.

* During a revocation hearing, in the case of Commonwealth vs. Jacob Smith, charged with flagrant nonsupport, the defendant did not appear and an arrest warrant had been previously issued.

* During a revocation hearing, in the case of Commonwealth vs. Travis C. Flowers, charged with theft by unlawful taking, the defendant did not appear and an arrest warrant had been previously issued.

* Steven A. Swift, 40, the alleged offenses of wanton endangerment first degree (Class D felony); resisting arrest (Class A misdemeanor); and, possession of a controlled substance first degree (Class D felony). The alleged offenses occurred on or about November 20, 2019.

* Jeffrey L. Ragan, 59, the alleged offenses of operating a motor vehicle while license is revoked or suspended for DUI, third or subsequent offense and operating a motor vehicle while under the influence of alcohol or other substance, fourth offense within a five year period (Class D felony). The alleged offenses occurred on or about February 1.

* Shannon G. Mercer, 45, the alleged offenses of alcohol or other substance, fourth offense (Class D felony) and driving on a suspended license (Class B misdemeanor). The alleged offenses occurred on or about February 23.

Several defendants appeared for arraignment, all entering not guilty pleas and having pretrial conference dates scheduled. Other cases were continued for various legal reasons.

Future court dates and proceedings may be pending due to the COVID-19 health mandates.

For information related to Clinton Circuit Court proceedings, call the circuit clerk’s office at 387-6424.

Steven A. Swift