Flutur gets another trial date

Emanuel Flutur, the man who stands accused of murdering his three-year old niece some three years ago, has yet another trial date scheduled.

During a December 13 term of Clinton Circuit Court, Judge David L. Williams, in consolidating the murder case with a separate, later indictment of assault 2nd degree, set aside a three day spring trial date for the defendant from April 11-13.

Previously, the court had granted a motion for a change of venue in the highly drawn out case and ruled the trial will be held in neighboring Cumberland County.

During the most recent court proceedings, Judge Williams also scheduled another pretrial conference on February 11 at 9 a.m.

Flutur is accused of killing the toddler, Josephine Bulubenchi, at the family home during the early morning hours on December 18, 2018.

The 2nd degree assault indictment, which was handed down later by a Clinton County Grand Jury, is in connection to his allegedly cutting the child’s father with a knife at the time the incident occurred.

The case is being prosecuted by Commonwealth Attorney Jesse Stockton and Flutur is being represented by Brad Shuffett and Lauren Hunter, attorneys for the Department of Public Advocacy.

At the time of the last December court date, Flutur was incarcerated in the Clinton County Jail.

Meanwhile, in another high profile local case, the man recently indicted by a local grand jury on 152 counts of possession of matter portraying a sexual performance by a minor under the age of 12 was arraigned in circuit court on December 13.

Chris Thrasher, through his private attorney, Greg Ousely, entered a not guilty plea on the most recent charges.

A pretrial conference on charges of sexual abuse 1st degree, victim under 12 and rape 1st degree, victim under 12, was also scheduled in the case for January 13.

The defendant was arrested at his home by Trooper Jason Warinner on November 15 on the latest 152 count indictment.

The arrest followed an investigation by Kentucky State Police Post 15 and his bond was set at $500,000 cash.

At the time of the arraignment, Thrasher remained lodged in the Russell County Detention Center.

The following cases are those in which resolutions were reached, rulings made or trial dates set.

* Sentencing was held in the case of Commonwealth vs. Robert Smith, pursuant to an agreement reached on November 18.

The defendant pled guilty to possession of a controlled substance 1st degree with a three year sentence imposed; guilty to possession of a firearm by a convicted felon with a five year sentence; and lastly, guilty to operating a motor vehicle under the influence with a $200 fine and court cost imposed. The defendant agrees to forfeit a Remington Arms rifle, 9mm ammo and 22 caliber ammo to the Kentucky State Police Post 15.

Pursuant to the recommendation of the Commonwealth, the two sentences shall run consecutively for a total of eight years to serve. The Commonwealth opposed probation. The defendant shall receive credit for time served.

Under the terms of the plea, the following charges were dismissed: trafficking in a controlled substance 1st degree (firearm enhanced), possession of drug paraphernalia, failure to maintain insurance, reckless driving, obstructed windshield, possession of an alcoholic beverage container, and persistent felony offender 2nd degree.

* Sentencing was held in the case of Commonwealth vs. Amy Angel, pursuant to a plea agreement reached on November 4.

The defendant pled guilty to trafficking in a controlled substance 1st degree-1st offense (meth) with a seven and one-half year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision, she will receive credit for time served and enter and complete long-term treatment.

Under terms of the plea, charges of possession of a controlled substance 1st degree and persistent felony offender 2nd degree were dismissed.

* Sentencing was held in the case of Commonwealth vs. Sherry Sue Barnes, pursuant to an agreement reached on November 4.

The defendant pled guilty to trafficking in a controlled substance 1st degree-1st offense (meth) with a five year sentence imposed. Also, guilty to trafficking in a controlled substance 1st degree-1st offense (meth) under a separate indictment, with five year sentence.

Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for five years, serve 120 days home incarceration with the balance probated for five years with supervision.

The defendant shall receive credit for time served and a charge of trafficking in a controlled substance 1st degree was dismissed.

* Sentencing was held in the case of Commonwealth vs. April M. Payton, pursuant to an agreement reached on November 4.

The defendant pled guilty to fleeing or evading police 1st degree (on foot) with a five year sentence imposed and guilty to trafficking in a controlled substance 1st degree-1st offense (meth) with a five year sentence.

Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for five years, serve 117 days in jail with the balance probated for five years with supervision.

The defendant will receive credit for time served and charges of trafficking in a controlled substance (heroin) and possession of a controlled substance were dismissed.

* Sentencing was held in the case of Commonwealth vs. Joe Turner, pursuant to an agreement reached on November 4.

The defendant pled guilty to trafficking in a controlled substance 1st degree (meth) with a five year sentence imposed.

Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision and he will receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Troy L. Pryor, pursuant to an agreement reached on November 4.

The defendant pled guilty to trafficking in a controlled substance 1st degree-1st offense (meth) with a three year sentence imposed. The defendant shall serve 60 days home incarceration with the balance probated for five years supervision.

The defendant shall be assessed by the Social Services Clinician and receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. Brandi Beaty, 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.

Pursuant to the recommendation by the Commonwealth, the sentence shall be probated five years with supervision.

The defendant shall receive credit for time served and a charge of trafficking in a controlled substance 1st degree-2nd offense was dismissed.

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

The Commonwealth recommended dismissing the following charges: fleeing or evading police 1st degree (on foot) and possession of drug paraphernalia.

Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (heroin), the defendant shall receive a 10 year sentence. Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (meth), the defendant shall receive a five year sentence. The two sentences shall run concurrently for a total of 10 years to serve. The Commonwealth will oppose probation.

Final sentencing is scheduled for January 13.

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

The Commonwealth recommended dismissing the following charges: one headlight, rear, side and clearance lights and lanterns, failure to use seat belt, possession of drug paraphernalia, possession or use of radio capable of sending or receiving police messages, and two counts of 2nd degree persistent felony offender.

Upon a plea of guilty to operating a motor vehicle on suspended or revoked license for DUI 3rd or subsequent offense, the defendant would receive a two year sentence. Upon a plea of guilty to possession of a controlled substance 1st degree, a one year sentence. Upon a plea of guilty to failure to maintain insurance, pay a $500 fine and court cost. Upon a plea of guilty to operating a motor vehicle under the influence 4th offense, a five year sentence, and upon a plea of guilty to tampering with prisoner monitoring device, a five year sentence.

All sentences under one indictment shall run consecutively for a total of eight years, with the eight year sentence to run concurrently with the five year sentence from a separate indictment.

The defendant shall serve 180 days in jail with the balance probated for five years with supervision, and enter and complete the Clinton County Drug Court Program.

Final sentencing is scheduled for January 13.

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

The Commonwealth recommended dismissing the following: driving on suspended operator’s license, possession of drug paraphernalia, careless driving, failure to use seat belt, possession of marijuana and possession of a controlled substance not in original container.

Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a three year sentence, pretrial diverted for five years with supervision. Upon a plea of guilty to operating a motor vehicle under the influence, a sentence of 30 days, pay a $350 fine and court cost. Upon a plea of guilty of failure to maintain insurance 2nd offense, pay a $1,000 fine plus court cost.

The defendant shall also be assessed by the Social Services Clinician and an order granting pretrial diversion was entered.

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

The Commonwealth recommended dismissing the following: alcohol intoxication and possession of a firearm by a convicted felon.

Upon a plea of guilty to possession of a controlled substance 1st degree (meth), the defendant shall receive a one year sentence. The Commonwealth will oppose probation. This sentence shall run consecutively with a separate indictment.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Terry H. Phillips.

The Commonwealth recommended amending the charges of theft by unlawful taking or disposition over $10,000 (two counts) to over $500.

Upon a plea of guilty to the lesser charge, the defendant would receive five year sentence on each charge to run concurrently, pretrial diverted for five years with supervision, and pay $301,807.07 to Blue Grass Stockyard and Albany LLC.

A motion for pretrial diversion was granted and an order tendered.

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

The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking over $500, the defendant shall receive a five year sentence, pretrial diverted for five years with supervision and pay restitution, with codefendants Chad Scott and Robby Scott, in the amount of $717.00.

An order granting pretrial diversion was tendered.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. William Russell Perdue.

The Commonwealth recommended amending the possession of a controlled substance 1st degree charge to possession of a controlled substance 2nd degree.

Upon a plea of guilty to the lesser charge, the defendant shall receive a six month sentence to serve and stipulates to revocation in a separate indictment.

* During a motion to revoke probation in the case of Commonwealth vs. Ricky Joe Wright. In lieu of revocation, the defendant shall enter and complete a long-term treatment facility.

* During a review in the case of Commonwealth vs. Angela Rains, the defendant was found to have violated probation and was taken into custody with a revocation hearing scheduled for January 13.

* During a motion for supervised probation in the case of Commonwealth vs. Rocky Allen Maschino (filed by the Commonwealth), the court ordered the defendant be supervised by Probation and Parole with an order tendered.

* During a motion to revoke probation in the case of Commonwealth vs. Rodney Lee Duvall, in lieu of revocation, the defendant shall enter and complete a long-term rehabilitation program.

* During a motion to revoke probation in the case of Commonwealth vs. Randall Dicken, in lieu of revocation, the defendant shall be assessed for eligibility regarding the Clinton County Drug Court Program.

* During a motion to revoke probation, in the case of Commonwealth vs. James David Denney, the court concluded the defendant violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.

* During a motion to revoke probation in the case of Commonwealth vs. Crystal Crabtree, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

* During a motion to revoke probation in the case of Commonwealth vs. Donavan Waller, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

* During a motion for shock probation, filed by the defense, in the case of Commonwealth vs. Jeremy R. Vanwinkle, the court overruled the motion and an order was tendered.

* During a motion for shock probation, filed by the defense, in the case of Commonwealth vs. Trenton Tucker, the court overruled the motion with an order entered.

* During a motion for shock probation, filed by the defense, in the case of Commonwealth vs. Joey Duvall, the court sustained the motion. As a condition of shock probation, the defendant shall enter and complete a long-term rehabilitation program and an order was tendered.

* 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, the court noted the matter remained set for trial.

* During a pretrial conference in the case of Commonwealth vs. Jimmy K. Simmons, charged with five counts of theft by deception over $10,000, the court scheduled a trial for May 9-10 with a pretrial conference for February 11.

* During a pretrial conference, in the case of Commonwealth vs. Robby Joe Scott, charged with theft by unlawful taking from vehicle over $500 and persistent felony offender 2nd degree, a trial date was scheduled for February 21-22.

* During a pretrial conference, in the case of Commonwealth vs. Chad Scott, charged with theft by unlawful taking from vehicle over $500, a trial was scheduled for February 21-22.

* During a pretrial conference in the case of Commonwealth vs. William David Cope, charged with criminal mischief 1st degree and theft by unlawful taking $500 or more, the court noted the case remains scheduled for trial. The defendant was allowed to stay released on a ROR bond with the surety to be released.

* During a pretrial conference, in the case of Commonwealth vs. Benjamin Claywell, charged with trafficking in a controlled substance 1st degree-1st offense (meth), convicted felony offender in possession of a handgun, possession of marijuana and drug paraphernalia and persistent felony offender 1st degree, a trial date was scheduled for April 25-26 with a pretrial conference on February 11.

* During a pretrial conference, in the case of Commonwealth vs. Heron Tuggle, the defendant did not appear and an order of arrest was issued.

* During a pretrial conference, in the case of Commonwealth vs. Ricky Phillips, charged with receiving stolen property over $10,000, arson 2nd degree and obscuring the identity of a machine over $10,000, the defendant did not appear and an order of arrest was issued.

Several other cases were on the December court calendar, with several defendants having pretrial conferences or other court dates scheduled, some were arraigned, entering not guilty pleas and having pretrial conferences set, while other cases were continued generally.