October session Clinton Circuit Court held

Posted October 28, 2020 at 12:54 pm

The monthly term of Clinton Circuit Court was held on Thursday, October 8 with Circuit Judge David L. Williams presiding over the docket of cases.

The following are cases in which some type of resolutions, sentencings, plea agreements, rulings, etc., were made or ruled on.

* Sentencing was held in the case of Commonwealth vs. Thomas Claborn, pursuant to a plea agreement effectuated on September 3.

The defendant pled guilty under one indictment to trafficking in a controlled substance 1st degree with a 10 year sentence imposed; guilty to possession of a handgun by a convicted felon with a 10 year sentence, and possession of a controlled substance 1st degree with a three year sentence.

Pursuant to the recommendation of the Commonwealth, the three sentences shall run concurrent for 10 years, probated for five years with supervision and the defendant agrees to enroll in a long-term treatment program and receive credit for time served.

Under the terms, some charges were dismissed including two counts of possession of a controlled substance, persistent felony offender 2nd degree (two counts) and traffic related offenses.

* Sentencing was held in the case of Commonwealth vs. Jeffrey Lee Ragan, pursuant to a plea agreement effectuated on September 3.

The defendant pled guilty to operating a motor vehicle under the influence, fourth offense with a five year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the defendant will serve 120 days with the balance probated five years with supervision and the defendant agrees to be assessed by the Social Service Clinician and pay court cost.

Under the terms of the agreement, the defendant will receive credit for time served and a charge of operating a motor vehicle with revoked license was dismissed.

* Sentencing was held in the case of Commonwealth vs. Charlotte Dawn Barnett, pursuant to a plea agreement effectuated on September 3.

The defendant pled guilty to possession of a controlled substance 1st degree with a three year sentence imposed and guilty to promoting contraband 1st degree with a five year sentence.

Pursuant to the recommendation of the Commonwealth, the defendant would serve 60 days with the balance probated five years with supervision. The 60 days would be waived if the defendant shows proof of full-time employment and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Robert A. Wright, pursuant to a plea agreement effectuated on September 3.

The defendant pled guilty to possession of a controlled substance 1st degree with a three year sentence imposed, probated for five years with supervision.

The defendant will receive credit for time served and a charge of possession of marijuana and drug paraphernalia were dismissed.

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

The Commonwealth recommended dismissing charges of disorderly conduct 2nd degree and persistent felony offender 1st degree. Upon a plea of guilty to assault 3rd degree, the defendant shall receive a one year sentence to serve, with the sentence to run consecutive with a Cumberland County indictment.

The defendant will receive credit for time served.

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

The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking over $500, the defendant would receive a three year sentence, pretrial diverted for four years with supervision. The defendant will also pay a fine of $250 and court cost.

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

The Commonwealth recommended dismissing charges of fleeing or evading police, disorderly conduct, possession of marijuana and drug paraphernalia and 3rd degree terroristic threatening.

Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant would receive a three year sentence and upon a plea of guilty to criminal mischief 1st degree, a five year sentence, to run concurrent for five years, pretrial diverted for five years.

The defendant will reside in Texas and be supervised by Texas Probation and Parole and only return to Kentucky with permission and pay court cost.

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

The Commonwealth recommended that upon a plea of guilty to promoting contraband 1st degree, the defendant would receive a three year sentence, pretrial diverted for five years with supervision, with an additional condition being he be assessed by the Social Service Clinician.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Barbara F. Neal.

The Commonwealth recommended dismissing the following charges. Possession of a controlled substance 2nd degree; possession of a controlled substance not in original container; trafficking in a controlled substance 1st degree and possession of marijuana and drug paraphernalia.

Upon a plea of guilty to a charge of possession of a controlled substance 1st degree, the defendant would receive a three year sentence, probated for five years with supervision 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. Tammy Lee Gibson.

The Commonwealth recommended dismissing the following charges. Speeding, reckless driving, and persistent felony offender 1st degree.

Upon a plea of guilty to fleeing or evading police 2nd degree, the defendant would receive a sentence of 90 days, probated for one year with supervision.

A misdemeanor judgment was entered.

* During a revocation hearing, in the case of Commonwealth vs. Katelyn Amox, charged with possession of a controlled substance 1st degree (meth), the court concluded the defendant had violated terms and conditions of her probation and revoked same.

* During a revocation hearing in the case of Commonwealth vs. Ladonna Kempton, charged with possession of a controlled substance (meth), persistent felony offender, etal., in lieu of revocation, the defendant shall be assessed by the Social Service Clinician and follow any and all recommendations.

* During a pretrial conference in the case of Commonwealth vs. Bobby Ray Phillips, charged with drug related offenses, convicted felon in possession of a firearm and persistent felony offender, the court sustained a motion to revoke bond and scheduled a pretrial conference for November 5.

* During a status hearing, in the case of Commonwealth vs. Christopher Burton, charged with assault 1st degree, burglary 1st degree and persistent felony offender 1st degree, the court granted a motion for separate trials of another defendant and gave the Commonwealth 15 days to decide which case to try first. A pretrial conference was scheduled for November 5.

* During a pretrial conference, in the case of Commonwealth vs. Joseph D. Evener, charged with burglary 1st and 3rd degree, assault 1st degree and persistent felony offender, the court granted the motion for separate trials with another defendant and gave the Commonwealth 15 days to decide which case to try first. A pretrial conference was scheduled for November 5.

* During a revocation hearing, in the case of Commonwealth vs. Kenny Norris, originally charged with possession of a forged instrument 1st degree, the Commonwealth withdrew its motion to revoke.

* During a review, in the case of Commonwealth vs. Johnny Stephens, originally charged with theft by unlawful taking over $500 but less than $10,000, the Commonwealth withdrew its motion to revoke.

* During a pretrial conference, in the case of Commonwealth vs. Eric D. Claywell, charged with resisting arrest, assault 3rd degree, DUI and 3rd degree terroristic threatening, the court granted a change of venue.

A trial was scheduled for November 30-December 1 in Cumberland Circuit Court.

* During a pretrial conference, in the case of Commonwealth vs. Michael Keith, charged with receiving stolen property, obscuring the identity of a machine and persistent felony offender 1st degree, the defendant did not appear and an arrest warrant was issued.

* During motion hour, motion to revoke shock probation, in the case of Commonwealth vs. Maria D. Shelton, charged with drug related offenses and persistent felony offender, the defendant did not appear and an order of arrest was issued.

* During a pretrial conference, in the case of Commonwealth vs. Patricia Diana Smith, charged with wanton endangerment 1st degree and terroristic threatening 3rd degree, the defendant did not appear and an arrest warrant had previously been issued.

* During a revocation hearing, in the case of Commonwealth vs. Bobby Joe Amonett, charged with theft by deception under $10,000 and 2nd degree persistent felony offender, the defendant did not appear and an arrest warrant had previously been issued.

Other cases were also on the docket but continued for various reasons with several defendants having future pretrial conference dates scheduled.