August circuit court, grand jury sessions held

Posted September 1, 2020 at 2:06 pm

The monthly term of Clinton Circuit Court, as well as the regular term of the Clinton Grand Jury, were held on August 13.

Clinton Circuit Court:

The following are cases which saw resolutions including sentencing, plea agreements being reached, etc. with Circuit Judge David L. Williams presiding over the docket.

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

The Commonwealth recommended dismissing the following charges (under separate indictments), including promoting contraband 1st degree, transfer of a legend drug (two counts), possession of drug paraphernalia (two counts), persistent felony offender 1st degree, possession of a controlled substance 1st degree, possession of drug paraphernalia, possession of a controlled substance not in original container, terroristic threatening 3rd degree, and disorderly conduct 2nd degree.

Upon a plea of guilty to one count of promoting contraband 1st degree under one indictment, the defendant would receive a five year sentence; upon a plea of guilty to tampering with prison monitoring device under one indictment, a five year sentence; upon a plea of guilty to receiving stolen property, a five year sentence; and upon a plea of guilty to assault 3rd degree, a five year sentence.

The sentences under two indictments will run concurrent for five years and under another two indictments concurrent for five years. The two five year sentences will run consecutive for a total of 10 years to serve. The defendant would also pay court costs.

Final sentencing is scheduled for September 3.

* Sentencing was held in the case of Commonwealth vs. Steven A. Swift, pursuant to an agreement reached on July 9.

The defendant pled guilty to possession of a controlled substance 1st degree with a one year sentence imposed; and guilty to wanton endangerment 1st degree with a one-year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the two one-year sentences will run concurrent for one year and consecutive to a separate Clinton County indictment. The Commonwealth opposed probation. The defendant will also forfeit a .22 Calibre Mag pistol and pay a fine and court cost and receive credit for time served.

Under terms of the plea, a charge of resisting arrest was dismissed.

* Sentencing was held in the case of Commonwealth vs. Bobby Joe Amonett, pursuant to a plea agreement reached on March 5.

The defendant pled guilty to theft by deception with a two year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the two year sentence shall be probated for five years with supervision. The defendant will pay restitution of $1,000 and receive credit for time served.

In accordance with the recommendation, the charge of persistent felony offender 2nd degree was dismissed.

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

The Commonwealth recommended dismissing the following charges: possession of a controlled substance 3rd degree, resisting arrest, driving on suspended license, and persistent felony offender 2nd degree.

Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant would receive a three year sentence. Upon a plea of guilty to tampering with physical evidence, a five year sentence with the two sentences to run concurrent for five years, probated for five years with supervision. The defendant will also be referred to the Social Service Clinician, shall not receive credit for time served and pay a fine and court cost.

Final sentencing has been scheduled for September 3.

* Sentencing was held in the case of Commonwealth vs. Tony Lowhorn, pursuant to an agreement reached on July 9.

The defendant pled guilty to receiving stolen property under one indictment with a five year sentence imposed and guilty to receiving stolen property under a separate indictment with a five year sentence imposed.

Pursuant to the Commonwealth’s recommendation, the two five-year sentences shall run concurrent for five years, probated for five years with supervision. The defendant will also pay restitution of $700 plus fine and court costs and receive credit for time served.

Under terms of the agreement, the following charges were dismissed: two total counts of persistent felony offender 1st degree under separate indictments.

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

The Commonwealth recommended amending the charge of assault 2nd degree to 4th degree. Upon a plea of guilty to the lesser charge, the defendant shall receive a one-year sentence, probated for two years and have no contact with the victim. He shall also pay $143 in restitution plus fees and court costs.

A misdemeanor judgment was entered.

* During arraignment, in the case of Commonwealth vs. Brittany A. Wray, charged with trafficking in a controlled substance (meth), 1st offense and 3rd degree burglary, the defendant did not appear and an arrest warrant was issued.

* During arraignment, in the case of Commonwealth vs. Eric M. Stamey, charged with possession of a controlled substance, 1st degree (meth) and possession of drug paraphernalia, the defendant did not appear and a warrant was issued.

* During a pretrial conference, in the case of Commonwealth vs. Tonya Stockton, charged with theft of motor vehicle registration/renewal decal and failure to maintain insurance, the defendant did not appear and a warrant of arrest was issued.

Several individuals were arraigned during the August term of Circuit Court, each entering not guilty pleas and having pretrial conference dates set.

Other cases on the docket were continued generally for various reasons.

Clinton Grand Jury:

The Clinton County Grand Jury also convened in regular session in August and handed down the following true bills in open Circuit Court.

* Barbara F. Neal, 50, the alleged offenses of possession of a controlled substance 2nd degree (Class A misdemeanor); possession of a controlled substance not in original container (Class B misdemeanor); trafficking in a controlled substance 1st degree, first offense (Class D felony); possession of marijuana (Class B misdemeanor); possession of drug paraphernalia (Class A misdemeanor); and possession of a controlled substance 1st degree, methamphetamine (Class D felony). The alleged offenses occurred on or about March 11.

* Alesha Michelle Melton, 37, the alleged offenses of criminal trespass 1st degree (Class A misdemeanor); possession of drug paraphernalia (Class A misdemeanor); possession of a controlled substance first degree (Class D felony); and possession of a controlled substance 2nd degree (Class A misdemeanor). The alleged offenses occurred on or about March 3 and 4.

* Bethany J. Hardin aka Bethany Groce, 28, the alleged offenses of disorderly conduct 2nd degree (Class B misdemeanor); assault 3rd degree (Class D felony); and persistent felony offender, first degree. The alleged offenses occurred on or about July 14.

* Aaron Shearer, 37, the alleged offense of criminal trespass 1st degree (Class A misdemeanor). The alleged offense occurred on or about March 3.

(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.)