Flutur hearing held, trial date still not set

Posted September 23, 2020 at 1:03 pm

Emanuel Fluter Mugshot 12-18.psd

Emanuel Flutur, who is charged with murdering his three-year old niece in December 2018, faced a status hearing in Clinton Circuit Court on September 3 with Circuit Judge David L. Williams presiding over a heavy docket.

At the hearing, the judge wrote “this case is to undergo felony mediation. An order is to be tendered.”

Flutur, now 36, is alleged to have cut the throat of the toddler, Josephine Bulubenchi, the night of December 8, 2018. The incident occurred at a residence on Beaty Creek Road.

Flutur is also charged with second degree assault in relation to injuries sustained by the child’s father the night of the incident.

An original trial date was scheduled for the defendant last fall, but was continued.

During a pretrial conference held on March 5 of this year, several motions were heard in the case.

No new trial date has been scheduled so far.

Flutur is being represented by Public Advocate Lauren Hunter.

In another, more recent, high profile local case, a man charged with several counts of sexual abuse first degree (victim under age 12) and one count of voyeurism has accepted a plea in his case.

During a pretrial conference this month in the case of Commonwealth vs. Clifton Thompson, the Commonwealth recommended dismissing the charges of sexual abuse 1st degree (eight counts).

Upon a plea of guilty to voyeurism, the defendant would receive a 12 month sentence and upon a plea of sexual abuse 1st degree-vulnerable victim (seven counts), the defendant would receive a 10 year sentence on each count to run concurrent.

The 12 month and 10 year sentences would run concurrent for a total of 10 years. The Commonwealth stated it would oppose probation with final sentencing being scheduled for November 5.

In other cases:

* Sentencing was held in the case of Commonwealth vs. Brian Shane Burchett, pursuant to a plea agreement reached on August 13.

The defendant pled guilty to promoting contraband 1st degree (one count) with a five year sentence; tampering with prisoner monitoring device with a five year sentence; receiving stolen property over $500 with a five year sentence; assault 3rd degree with a five year sentence.

The sentences shall run concurrent for five years under separate indictments to run consecutive for a total of 10 years to serve. The defendant will also pay court costs and receive credit for time served.

Under terms of the agreement, several charges under separate indictments were dismissed.

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

The Commonwealth recommended dismissing the following charges: two counts of 1st degree possession of a controlled substance; possession of a controlled substance 2nd degree; failure to illuminate registration; driving on a suspended license; possession of marijuana and drug paraphernalia and two counts of 2nd degree persistent felony offender.

Upon a plea of guilty to trafficking in a controlled substance 1st degree, the defendant would receive a 10 year sentence; possession of a handgun by a convicted felon, a 10 year sentence; and possession of a controlled substance 1st degree (methamphetamine), a three year sentence, all to run concurrent for 10 years, probated for five years with supervision.

The defendant agrees to enroll in and complete a long-term treatment program.

Final sentencing is scheduled for October 8.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Matthew G. Wray.

The Commonwealth recommended dismissing the charge of persistent felony offender 2nd degree.

Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense, the defendant will receive a sentence of one year to serve. The sentence shall run consecutive to a separate indictment. The Commonwealth stated that it will oppose probation.

The defendant will receive credit for time served and a charge of persistent felony offender 2nd degree was dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Charlotte Dawn Barnett.

The Commonwealth recommended that upon a plea of guilty to possession of a controlled substance 1st degree, the defendant would receive a sentence of three years and upon a plea of guilty to promoting contraband, a sentence of five years, with the sentences to run concurrent for five years, serve 60 days with the balance probated for five years with supervision. The Commonwealth will waive the sixty days to serve if the defendant shows proof of full time employment.

Final sentencing is scheduled for October 8.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Matthew Mason Greenwalt.

The Commonwealth recommended amending the charge of criminal mischief 1st degree to 2nd degree and assault 2nd degree to 4th degree.

Upon a plea of guilty to criminal mischief 2nd degree, the defendant would receive a 12 month sentence and upon a plea of guilty to assault 4th degree, a 12 month sentence, to run concurrent for 12 months, probated for two years. The defendant will also pay restitution in the amount of $1,800 at $150 per week.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Kristie Lynn Key.

The Commonwealth recommended dismissing the following charges: possession of marijuana, drug paraphernalia and no/expired registration plates.

Upon a plea of guilty to the charge of possession of a controlled substance 1st degree, the defendant would receive a sentence of three years, pretrial diverted for five years with supervision and be assessed by the Social Services Clinician.

* 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 a suspended license and persistent felony offender 2nd degree.

Upon a plea of guilty to possession of a controlled substance, the defendant would receive a three year sentence and upon a plea of guilty to tampering with physical evidence, a five year sentence, to run concurrent for five years, probated for five years with supervision. The defendant shall be assessed by the Social Service Clinician and receive credit for time served.

Final sentencing is scheduled for October 8.

* During a status hearing, a plea agreement was reached in the case of Commonwealth vs. Jeffrey Lee Ragan.

The Commonwealth recommended dismissing the charge of operating a motor vehicle while license is revoked for DUI 3rd offense.

Upon a plea of guilty to operating a motor vehicle under the influence 4th offense, the defendant would receive a sentence of five years, serve 120 days with the balance probated five years with supervision. The defendant will be assessed by the Social Services Clinician and pay court costs.

Final sentencing is scheduled for October 8.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Robert A. Wright.

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

Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant would receive a three year sentence, probated for five years with supervision and be assessed by the Social Services Clinician and pay court costs.

Final sentencing is scheduled for October 8.

* During a pretrial conference, in the case of Commonwealth vs. Tonya Stockton, originally charged with theft of a motor vehicle registration plate and failure to maintain insurance, upon request of the Commonwealth, the matter was dismissed.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Nick Posey, charged with flagrant nonsupport, the defendant acknowledged violating terms and conditions of probation and court revoked same.

The defendant will receive credit for time served.

* During motion hour, motion to revoke probation in the case of Commonwealth vs. Teresa McIver, charged with theft by unlawful taking or disposition, $10,000 or more, the court concluded the defendant had violated terms and conditions of probation and revoked same.

The defendant shall be incarcerated in an appropriate institution to serve out her sentence.

The defendant shall receive credit for time served.

* During a revocation hearing in the case of Commonwealth vs. Jessica Cross, charged with tampering with physical evidence, the court concluded the defendant had violated terms of probation and revoked same.

The defendant shall be incarcerated in an appropriate institution to serve out her sentence.

The defendant shall receive credit for time served.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Barry Latham, charged with theft by deception under $10,000, in lieu of revocation, the defendant shall receive time served as a sanction and be released when scheduled with Adanta.

* During motion hour, motion to revoke probation, in the case of Commonwealth vs. Scotty Speer, charged with drug related offenses including possession of a controlled substance (methamphetamine), in lieu of revocation, the defendant was placed on active probation.

* During arraignment, in the case of Commonwealth vs. Trenton Tucker, charged with fleeing or evading police, traffic violations and 2nd degree persistent felony offender, the defendant did not appear and a warrant of arrest was issued.

* During a pretrial conference in the case of Commonwealth vs. Chris Burkett, charged with flagrant non-support, the defendant did not appear and a warrant of arrest was issued.

* During a pretrial conference in the case of Commonwealth vs. Arnold P. Bell, charged with trafficking in a controlled substance and possession of drug paraphernalia, the defendant did not appear and an order of arrest was issued.

Several other cases were on the September court calendar. Some defendants were arraigned on charges, entering not guilty pleas and having pretrial conference dates scheduled. Other cases were continued for other reasons.