Another trial date has been scheduled for a man accused of killing his three year old niece by cutting her throat in late 2018.
During a pretrial conference held on May 6 in Clinton Circuit Court, Judge David L. Williams set aside a one-week trial for Emanuel Flutur, who was 33 at the time the incident occurred in the early morning hours of December 8, 2018.
Flutur is also charged with second degree assault in connection with the incident that occurred at the residence on Beaty Creek Road in eastern Clinton County.
A trial date of September 27 through October 1 was scheduled by the court, with a pretrial conference scheduled for July 15.
Flutur is alleged to have killed his three year old niece, Josephine Bulubenchi, at her family’s home. During his arrest, he was also charged with four counts of wanton endangerment, and two counts of assault, along with the murder charge.
According to law enforcement reports at the time, the family was awakened by screaming over the baby monitor in the child’s room.
The child’s father reportedly went to the bedroom and found his brother-in-law over the child with a knife. The father reportedly disarmed Flutur and the child was taken by the family to the hospital, with the suspect also in the vehicle with the rest of the family.
Flutur was later indicted on the charges by a Clinton County Grand Jury.
The defendant, who is being represented by Public Advocacy lawyer Brad Shuffett, has had various trial dates scheduled over the past several months, only to be postponed for one reason or another.
In another case involving a murder suspect, Jesse W. Brown, who is charged in the vehicle death of an Albany woman, Debra Brown, on January 9, entered a not guilty plea during court proceedings this month.
Brown was determined to be eligible for the services of the Department of Public Advocacy and Shuffett was appointed to represent him. The attorney waived formal arraignment and entered a not guilty plea on his client’s behalf.
The defendant, who reportedly was holding his small child on his lap when he ran head-on into Debra Brown’s vehicle, allegedly told authorities that Jesus had told him to do it.
Jesse Brown is also charged with several other offenses, including multiple counts of wanton endangerment (allegedly running several vehicles off the roadway), leaving the scene of an accident and various traffic related violations.
Judge Williams has scheduled a pretrial conference in that case for July 15 at 9 a.m.
The monthly term of Clinton Circuit Court was held on the aforementioned date and the following are some cases in which some type of resolutions or rulings were made or trial dates scheduled.
* During a pretrial conference in the case of Commonwealth vs. Trenton Tucker, a plea agreement was reached.
The Commonwealth recommended dismissing the following charges under separate indictments: operating on a suspended/revoked license; reckless driving; failure to maintain insurance; disregarding stop sign; persistent felony offender second degree; inciting a riot; disorderly conduct first degree; and, criminal mischief second degree.
Upon a plea of guilty to fleeing or evading police first degree and assault third degree, the defendant would receive a five year sentence on each count ,to run concurrently for five years to serve.
Final sentencing has been scheduled for June 10.
* During a competency hearing in the case of Commonwealth vs. John Earl Wray, a plea agreement was reached.
The Commonwealth recommended dismissing the following charges: possession of a legend drug (two counts); possession of drug paraphernalia (two counts); terroristic threatening third degree (two counts); public intoxication and disorderly conduct second degree (two counts).
Upon a plea of guilty to promoting contraband first degree (two counts), the defendant would receive a five year sentence on each count, to run concurrently; on a plea of guilty to possession of a controlled substance first degree, a three year sentence; on a plea of guilty to assault third degree (two counts), a five year sentence.
The five year sentences shall run concurrently for five years and consecutive to the three year sentence, for a total of eight years, probated for five years with supervision. The defendant shall also be evaluated by Adanta for any mental health issues and follow any and all recommendations of Adanta.
Final sentencing was scheduled for June 10.
* During a revocation hearing in the case of Commonwealth vs. Jeffery Clark, charged with flagrant nonsupport, the defendant acknowledged that he violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.
* During a pretrial conference in the case of Commonwealth vs. Matthew Denney, charged with receiving stolen property under $100, theft by unlawful taking of parts from a vehicle $500 or more, but less than $10,000, and burglary third degree, the court sustained the motion to revoke bond.
* During a pretrial conference in the case of Commonwealth vs. Joseph Edward Craig, charged with two counts of receiving stolen property under $10,000 and obscuring the identity of a machine (three counts), the court granted a motion to revoke bond.
* During motion hour, motion for shock probation, in the case of Commonwealth vs. Thomas Claborn, charged with possession of a controlled substance first degree (meth) and drug paraphernalia, the court overruled the motion for shock probation.
* During motion hour, motion for shock probation, in the case of Commonwealth vs. Charlotte Dawn Barnett, charged with possession of a controlled substance first degree (meth) and promoting contraband first degree, the court ruled the defendant is to be assessed regarding eligibility for the Drug Court Program.
* During a revocation hearing in the case of Commonwealth vs. Eric M. Stamey, charged with possession of a controlled substance first degree (meth) and drug paraphernalia, in lieu of revocation, the defendant is to be assessed for the Clinton County Drug Court Program.
* During a pretrial conference in the case of Commonwealth vs. Christopher Burton, charged with assault first degree, burglary first degree, and two counts of persistent felony offender first degree, a trial date was scheduled for June 15 and 16.
* During a pretrial conference in the case of Commonwealth vs. Joseph D. Evener, charged with assault first degree, burglary first degree, burglary third degree and three total counts of persistent felony offender second degree, a trial date was scheduled for August 17 and 18.
Several other cases were on the docket with several defendants being arraigned, entering not guilty pleas and having pretrial conference dates scheduled.