August term of Clinton Circuit Court conducted

Posted September 2, 2021 at 8:29 am

A heavy case load was on the docket for the monthly term of Clinton Circuit Court held August 12 with Circuit Judge David L. Williams presiding.
The following are cases in which sentencing was held, resolutions were reached or other final rulings were made.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joseph Edward Craig.
The Commonwealth recommended that upon a plea of guilty to obscuring the identity of a machine, the defendant would receive a 2 1/2 year sentence; upon a plea of guilty to receiving stolen property, a 10 year sentence, to run consecutively for 12 1/2 years.
Further, upon a plea of guilty to obscuring the identify of a machine under a separate indictment (three counts), a two and one-half year sentence on each charge to run consecutive for seven and one-half years. Upon a plea of receiving stolen property under a separate indictment (two counts), five years to run concurrently. The sentences will run concurrent for a total of 12 1/2 years.  The defendant will pay restitution in the amount of $6,000 and receive credit for time served.
Final sentencing is scheduled for September 9.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Justin Joe Daley.
The defendant pled guilty to theft by unlawful taking more than $500 and persistent felony offender 2nd degree with a 10 year sentence imposed.
He also pled guilty to obscuring the identity of a machine and persistent felony offender 2nd degree with a 10 year sentence. The sentences will run concurrently for 10 years.
Further, possession of a firearm by a convicted felon with a five year sentence, guilty to receiving stolen property over $10,000 with a 10 year sentence, complicity to arson 2nd degree with a 10 year sentence.
The two 10 year sentences shall run concurrent ly for 10 years under one indictment and the five and 10 year sentence concurrently for a total of 10 years to serve.
Under terms of the agreement, charges of persistent felony offender 1st degree (four counts) and one charge of obscuring the identity of a machine were dismissed.
* Sentencing was held in the case of Commonwealth vs. Durward Eugene Salisbury III, pursuant to an agreement reached on July 15.
The defendant pled guilty to trafficking in a controlled substance 1st degree-first offense (three total charges under separate indictments) with an eight year sentence on each charge, to run concurrently for eight years to serve.
The defendant will receive credit for time served and charges of possession of drug paraphernalia (two counts) and possession of a controlled substance 1st degree were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Virginia A. Daniels.
The Commonwealth recommended amending the charge of criminal possession of a forged instrument 1st degree to criminal possession of a forged instrument 2nd degree. Upon a plea of guilty to the lesser charge, the defendant would receive a five year sentence, pretrial diverted five years with supervision and pay restitution in the amount of $3,850.00.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Randall L. Dicken.
The Commonwealth recommended dismissing charges of possession of drug paraphernalia and public intoxication. Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a sentence of three years, probated for five years with supervision. The defendant has served 53 days and will be given credit for time served.
Final sentencing is scheduled for September 9.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Gregory M. Frank.
The Commonwealth recommended amending the charge of criminal abuse 1st degree to wanton endangerment 1st degree. Upon a plea of guilty to wanton endangerment, the defendant would receive a three year sentence, pretrial diverted for three years with supervision and pay a $1,000 fine plus court cost.
* During arraignment, a plea agreement was reached in the case of Commonwealth vs. Timothy M. Kelley.
The Commonwealth recommended dismissing the charges of persistent felony offender 2nd degree (three counts). Upon a plea of guilty to theft by deception under $10,000, the defendant would receive a five year sentence and upon a plea of guilty to theft by deception (three counts), a five year sentence on each count to run concurrently, all for a total of five years, with the sentence to be probated for five years with supervision. The defendant shall also pay restitution in the amount of $6,770.00.
Final sentencing is scheduled for September 9.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Rocky Allen Maschino.
The Commonwealth recommended dismissing possession of drug paraphernalia, possession of marijuana, and three traffic charges. Upon a plea of guilty to possession of a controlled substance, the defendant would receive a 2 1/2 year sentence (two charges total) and on a guilty plea to DUI 1st degree, pay a $500 fine plus court costs.
The sentences would run concurrently for five years, probated for five years with supervision. The defendant shall receive credit for time served and enter and complete the Clinton County Drug Court Program.
Final sentencing is scheduled for September 9.
* Sentencing was held in the case of Commonwealth vs. Marzanka Sonshine Neal, pursuant to an agreement reached on July 15.
The defendant pled guilty to trafficking in a controlled substance 1st degree with a five year sentence imposed. Pursuant to a recommendation by the Commonwealth, the five year sentence will be probated five years with supervision and the defendant shall receive credit for time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Shyanne Parrigin.
The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking over $500, the defendant would receive a five year sentence, pretrial diverted for five years. She would receive credit for time served and pay restitution jointly and severally with a co-defendant, Tina Parrigin.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tina G. Parrigin.
The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking over $500, the defendant shall receive a five year sentence, probated for five years with supervision, receive credit for time served and pay restitution of $1,000 jointly or severally with co-defendant Shyanne Parrigin.
Final sentencing is scheduled for September 9.
* Sentencing was held in the case of Commonwealth vs. Bobby Ray Phillips, pursuant to an agreement reached on July 15.
The defendant pled guilty to criminal possession of a forged instrument 2nd degree and persistent felony offender 2nd degree under one indictment, with a 10 year sentence imposed. Also, guilty to trafficking in a controlled substance 1st degree-first offense and persistent felony offender 2nd degree under a separate indictment, with a 12 year sentence imposed. Further, tampering with a prisoner monitoring device with a five year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the 10 year sentence, 12 year sentence and five year sentence would run concurrently for 12 years, probated for five years with supervision, with the defendant to serve 179 days in jail, receive credit for time served and pay restitution in the amount of $765.00.
Charges of theft by deception, criminal syndicate engaging in organized crime, possession of drug paraphernalia, marijuana, a controlled substance, possession of a handgun by a convicted felon, and two charges of persistent felony offender 2nd degree were dismissed.
* Sentencing was held in the case of Commonwealth vs. Ricky Joe Wright, pursuant to an agreement reached on July 15.
The defendant pled guilty to trafficking in a controlled substance 1st degree with a 7 1/2 year sentence imposed. Pursuant to the recommendation by the Commonwealth, the sentence shall be probated for five years with supervision. Also, the defendant pled guilty to failure to maintain insurance and received a $500 fine plus court cost.
Charges of possession of drug paraphernalia, a controlled substance, marijuana and driving on a suspended license were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Steven Dewayne Posey.
The Commonwealth recommended dismissing the charge of possession of drug paraphernalia and amending the charge of possession of a controlled substance 1st degree to 2nd degree. Upon a plea of guilty to the lesser charge, the defendant would receive a seven month sentence to serve and a misdemeanor judgment was entered.
* During motion hour, in the case of Commonwealth vs. Jeremy R. Vanwinkle, charged with burglary 3rd degree, possession of burglary tools and criminal trespassing 3rd degree, the court concluded the defendant had violated terms of probation and revoked same.
* During motion hour, in the case of Commonwealth vs. Alesha Melton, charged with criminal trespass, possession of a controlled substance, e tal., the defendant acknowledged having violated terms and conditions of probation and the court revoked same.
* During motion hour, in the case of Commonwealth vs. Leora Fulton, charged with theft by disposition $500 or more but under $10,000 and 2nd degree persistent felony offender, the court concluded the defendant had violated terms and conditions of probation and revoked same.
* During motion hour, in the case of Commonwealth vs. Sharla Lynn Brown, charged with trafficking in a controlled substance 1st degree, possession of a controlled substance (meth) and drug paraphernalia, the court concluded the defendant had violated terms and conditions of probation and revoked same.
* During a pretrial conference in the case of Commonwealth vs. Sherman Ray Hensley, charged with possession of a controlled substance 1st degree and marijuana, due to the appearance and demeanor of the defendant, the court requested that the defendant be drug tested. The defendant refused to produce a smaple and was found to be in contempt of court and ordered into custody without bond. A pretrial conference is scheduled for September 9.
* During a pretrial conference, in the case of Commonwealth vs. Lloyd E. Smith, charged with trafficking in a controlled substance 2nd or subsequent offense and persistent felony offender 1st degree, a trial was scheduled for October 6-7 with a pretrial conference on September 9.
* During a pretrial conference in the case of Commonwealth vs. Jennifer Lynn Stockton, charged with possession of a controlled substance, trafficking in a controlled substance, persistent felony offender, e tal, a trial was scheduled for October 22.
* During a pretrial conference in the case of Commonwealth vs. Kalira Talena Whitehead, charged with criminal mischief 1st degree and theft by unlawful taking over $500 but less than $10,000, a trial date was scheduled for January 11-12, 2022 with a pretrial conference on December 2.
* During a pretrial conference, in the case of Commonwealth vs. John G. Diamond, charged with nine total offenses, including assault on a probation officer, criminal mischief, disarming a peace officer and other charges, a trial was scheduled for September 20-21 with a pretrial conference on September 9.
* During a pretrial conference in the case of Commonwealth vs. William David Cope, charged with criminal mischief 1st degree and theft by unlawful taking over $500 but less than $10,000, a trial was scheduled for January 11-12, 2022 with a pretrial conference on December 2.
*During a pretrial conference in the case of Commonwealth vs. Brandi Beaty, charged with trafficking in a controlled substance 1st degree and possession of a controlled substance (meth), a pretrial date was scheduled for September 9, with the defendant to be present on August 31 with counsel for case negotiation.
* During a pretrial conference in the case of Commonwealth vs. Sherry Sue Barnes, charged with trafficking in a controlled substance 1st offense (meth), a trial was scheduled for October 6-7 with a pretrial conference for September 9.
*During scheduled sentencing in the case of Commonwealth vs. Donovan Waller, charged with possession of a controlled substance 1st degree and trafficking in a controlled substance (meth), sentencing was continued to September 9.
* During scheduled sentencing in the case of Commonwealth vs. Kaleb Perdue, charged with theft by unlawful taking, receiving stolen property and persistent felony offender (two counts), sentencing was continued to September 9.
* During motion hour, in the case of Commonwealth vs. Arnold P. Bell, charged with trafficking in a controlled substance (meth) and possession of drug paraphernalia, in lieu of revocation, the defendant shall be assessed regarding eligibility for the Clinton County Drug Court Program.
* During a pretrial conference in the case of Commonwealth vs. Stephanie Rena Craig, originally charged with 10 to counts, including drug related offenses, the matter was dismissed without prejudice with an order to be tendered by the court.
* During a pretrial conference, in the case of Commonwealth vs. Benjamin E. Smith, originally charged with 2nd degree assault, the case was dismissed with prejudice with an order to be tendered.
* During a case review in the matter of Commonwealth vs. Tonya Stockton, charged with theft of motor vehicle registration plate/renewal decal and failure to maintain insurance, the Commonwealth moved to amend the charges to misdemeanors and remand the case back to District Court.
* During a pretrial conference, in the case of Commonwealth vs. Rebecca K. Major, charged with possession of a controlled substance, 1st and 2nd offense, drug paraphernalia and marijuana, the defendant did not appear and an order of arrest was issued.
* During a pretrial conference, in the case of Commonwealth vs. Ricky Dewayne Jones, charged with possession of a controlled substance (meth) and drug paraphernalia, the defendant did not appear and an order of arrest was issued.
* During a case review in the matter of Commonwealth vs. David Harding, charged with two counts of flagrant nonsupport, the defendant did not appear and an order of arrest was issued.
A host of other cases were also on the August court calendar which were continued to a later date for various reasons. Also, several defendants appeared with counsel for arraignment, each entering not guilty pleas and having pretrial conference dates set.