Two defendants facing murder and other charges in relation to two separate cases were again on the Clinton Circuit Court docket last Thursday, November 4, with Judge David L. Williams presiding over the court calendar.

Jesse Brown, who is charged with 12 total counts, including murder, in relation to a fatal traffic accident on January 9 of this year, was denied a continuance of his trial.

The attorney for Brown, Brad Shuffett, filed a motion to continue the trial, which has been scheduled for January 22, 2022.

Judge Williams overruled the motion “subject to any exparte motions being filed by the defendant.”

The fatal accident took the life of Debra Brown of Albany. Jesse Brown is also charged with three counts of wanton endangerment, three counts of persistent felony offender and several traffic violations in connection with the incident.

In an unrelated case, Emmanuel Flutur, who is charged with murdering his three year old niece in her family’s home almost two years ago, apparently has had his trial delayed again.

A trial date of October 27 had been scheduled earlier this year, and was to have been held in Cumberland Circuit Court after Judge Williams granted a change of venue in the case.

During proceedings last week, a pretrial conference for Flutur was scheduled for December 13.

The defendant, who is being charged with murder and second degree assault, is being represented by Public Advocacy attorneys Brad Shuffett and Lauren Hunter.

Several other cases, including sentencing and plea agreements, were reached in circuit court last week. The following are cases in which some type of final resolutions and/or rulings were made.

Sentencing:

* Sentencing was held in the case of Commonwealth vs. Ronald Daniel, pursuant to an agreement reached on October 14.

The defendant pled guilty to possession of a controlled substance under one indictment with a one and a-half year sentence imposed, guilty to trafficking in a controlled substance 1st degree (meth) with a six year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the two sentences would run consecutively for a total of seven and a-half years. The Commonwealth opposed probation, but will agree to shock probation once the defendant has served 180 days. As a condition of shock probation, he would enter and complete the Clinton County Drug Court Program.

Under the agreement, charges of possession of drug paraphernalia, criminal trespassing 3rd degree and 2nd degree persistent felony offender were dismissed. The defendant will also receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Matthew Denney, pursuant to an agreement reached on October 23.

The defendant pled guilty to receiving stolen property over $500 on one indictment with a five year sentence imposed; guilty to theft by unlawful taking over $500 with a five year sentence; guilty to burglary 3rd degree with a five year sentence. Pursuant to the recommendation by the Commonwealth, the sentences would run concurrently for five years.

Further, the defendant pled guilty to burglary 3rd degree under a separate indictment with a five year sentence; theft by unlawful taking over $500 with a five year sentence and upon a recommendation by the Commonwealth, the two five year sentences will run concurrently for five years.

Further, the defendant is guilty of the offense of burglary third degree with a sentence of five years imposed. He is also guilty of the offense of theft by unlawful taking over $500 and a sentence of five years is herein imposed. The two five year sentences under this indictment and a sentice of two years under another is imposed.

Pursuant to the recommendation of the Commonwealth, the five year sentence under one indictment, a five year sentence under a separate indictment and two year sentence under a separate indictment to run consecutively for 12 years and concurrently with the five year sentence. The defendant shall serve six months, plus an additional five months on home incarceration, with the balance probated for five years with supervision.

The defendant will also pay restitution in the amount of $7,398.89 with the defendant to receive credit for time served and charges of criminal trespass 3rd degree and criminal mischief 2nd degree being dismissed.

* Sentencing was held in the case of Commonwealth vs. Cynthia Downing, pursuant to an agreement being reached on October 14.

The defendant pled guilty to possession of a controlled substance 1st degree (two counts) with a sentence of two and a-half years on each count, to run consecutively for five years, probated for five years with supervision.

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

* Sentencing was held in the case of Commonwealth vs. Amanda Jewell, pursuant to an agreement reached on October 23.

The defendant pled guilty to trafficking in a controlled substance 1st degree (meth) with a seven and a-half year sentence imposed. The Commonwealth opposed probation, however, once the defendant has served an additional 35 days subsequent to final sentencing, the Commonwealth will agree to shock probation.

The defendant will receive credit for time served with the following charges to be dismissed: possession or use of a radio capable of sending or receiving police messages, possession of a controlled substance 1st degree, trafficking in marijuana less than eight ounces and possession of drug paraphernalia.

* Sentencing was held in the case of Commonwealth vs. Billy Knox Parrigin, pursuant to an agreement reached on October 14.

The defendant pled guilty to possession of a controlled substance 1st degree with a three year sentence imposed, probated for five years with supervision. Further, guilty to operating a motor vehicle under the influence (aggravating circumstances), with a four day sentence and $300 fine plus court cost.

The defendant will also be assessed by a Social Service Clinician, receive credit for time served and charges of possession of marijuana and traffic related offenses were dismissed.

* Sentencing was held in the case of Commonwealth vs. Shannon Gayle Mercer, pursuant to a plea agreement reached on October 14.

The defendant pled guilty to operating a motor vehicle under the influence-4th offense with a five year sentence imposed. Pursuant to the recommendation by the Commonwealth, the defendant shall serve 120 days with the balance probated for five years with supervision.

Mercer will receive credit for time served and a charge of operating on suspended/revoked operator’s license was dismissed.

Pretrial conferences:

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. April M. Payton.

The Commonwealth recommended dismissing the following charges: trafficking in a controlled substance 1st degree (heroin) and possession of a controlled substance. Upon a plea of guilty to fleeing or evading police 1st degree (on foot) the defendant would receive a five year sentence and upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (meth), a five year sentence. The two sentences would run concurrently for five years, serve 117 days with the balance of the sentence probated for five years with supervision.

Final sentencing has been scheduled for December 13.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Troy L. Pryor.

The Commonwealth recommended dismissing the following: possession of drug paraphernalia, possession of a controlled substance 1st degree and possession of marijuana under one indictment. The Commonwealth further recommended amending the charge of trafficking in a controlled substance 1st degree-1st offense (meth)(greater than or equal to two grams) under a separate indictment, to trafficking in a controlled substance 1st degree-1st offense (meth) (less than two grams.)

Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (meth) (less than two grams), the defendant would receive a three year sentence, serve 60 days on home incarceration, with the balance of the sentence probated for five years with supervision.

Final sentencing has been scheduled for December 13.

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

The Commonwealth recommended that upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (meth) (greater than or equal to two grams), the defendant shall serve a five year sentence, probated for five years with supervision and pay buy back money in the amount of $400 at a rate of $100 per month.

Final sentencing was scheduled for December 13.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Sherry Sue Barnes.

The Commonwealth recommended dismissing the charge of possession of a controlled substance 1st degree under one indictment.

Upon a plea of guilty to trafficking in a controlled substance 1st degree (meth) (greater than or equal to two grams), the defendant would receive a five year sentence. Upon a second plea under a separate indictment, the defendant would receive a five year sentence, to run concurrent lyfor five years, serve 120 days of home incarceration with the balance probated for five years with supervision. She shall also forfeit $1,381.00.

Final sentencing is scheduled for December 13.

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

The Commonwealth recommended dismissing the charge of possession of a controlled substance 1st degree. Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (meth) (greater than or equal to two grams), the defendant shall receive a seven and a-half year sentence, probated for five years with supervision and enter and complete a long-term treatment program.

Final sentencing was scheduled for December 13.

* During a pretrial conference, in the case of Commonwealth vs. Robert Lee Smith, charged with 10 total counts, including drug related offenses, traffic violations, convicted felon in possession of a firearm and 2nd degree persistent felony offender, the court overruled a defense motion to dismiss and scheduled a pretrial conference for December 13.

During a revocation hearing in the case of Commonwealth vs. Shayne Capps, the defendant acknowledged he had violated terms and conditions of probation and the court revoked probation.

During a revocation hearing in the case of Commonwealth vs. Melissa Perdue, the defendant did not appear and the court noted an order of arrest had previously been issued.

Several other cases were on the November 4 court calendar, with some motions being heard, some defendants being arraigned and entering not guilty pleas and other cases were scheduled for pretrial conferences or continued in general.