An Albany woman who is charged with reckless homicide had a pretrial conference during the September 8 term of Clinton Circuit Court before Circuit Judge David L. Williams.
Hailey Harber, who was then 21, is charged with reckless homicide, criminal abuse 1st degree of a child under 12, hindering prosecution or apprehension 2nd degree and wanton endangerment 1st degree.
During the pretrial, her attorney, David Cross, filed a motion to dismiss.
According to court documents, the Commonwealth was given 30 days to answer the “Bill of Particulars” in the case.
Harber is a co-defendant with Cody Parrigin, then 24, who was arrested and charged in connection with the death of an infant. The infant died due to apparent suffocation, according to local reports at the time of the incident.
Then Albany Police Officer Ricky Marcum (current deputy sheriff) said Parrigin had rolled over on the infant, causing it to suffocate.
Officer Marcum also reported that according to his interviews with witnesses, a female entered the room where Parrigin had been sleeping and had to “forcefully” remove Parrigin. The woman performed CPR on the infant and called 911.
At the pretrial conference in September, Judge Williams scheduled another pretrial conference in the case for next Thursday, October 13.
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In another case, Chris Thrasher, who is currently incarcerated in the Russell County Detention Center, had a pretrial conference.
Thrasher was charged several months ago with 152 counts of possession of matter portraying a sexual performance by a minor under 12 years of age.
No official action in that case was taken in September. Another pretrial conference was scheduled for October 13.
The Commonwealth is represented by Assistant Commonwealth Attorney Matthew Leveridge while Thrasher is being represented by private attorney David Hoskins.
The following are other Clinton Circuit Court proceedings in which some type of final actions and/or rulings were made.
* Sentencing was held in the case of Commonwealth vs. Joseph Scott Cope, pursuant to an agreement reached on September 7.
The defendant pled guilty to possession of a controlled substance 1st degree with a three year sentence imposed. The Commonwealth opposed probation and the defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Michael Craig, pursuant to an agreement reached on August 11. The defendant pled guilty to promoting contraband and a sentence of one year was imposed. The Commonwealth opposed probation and the defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Michael Burchett, pursuant to an agreement reached on August 11.
The defendant pled guilty to trafficking in a controlled substance 1st degree (two counts) with a five year sentence imposed on each count. Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for five years, serve 120 days in jail, with the balance probated for five years with supervision.
The defendant shall also pay restitution in the amount of $959.28, and not jointly and severally with a codefendant.
The charges of trafficking in a controlled substance 1st degree (three counts–Class C felonies) and another Class D count of trafficking in a controlled substance 1st degree were dismissed under the agreement. The defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Loressia Poore, pursuant to an agreement reached on August 11.
The defendant pled guilty to trafficking in a controlled substance 1st degree with a five year sentence imposed. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 120 days in jail with the balance probated five years with supervision and pay $759.28 in restitution, not jointly and severally with a codefendant. She will receive credit for time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Walter Miller.
The Commonwealth recommended dismissing a traffic violation, driving on a suspended operator’s license, and charges of resisting arrest, reckless driving operating a vehcile with out ignition interlock device, and persistent felony offender 2nd degree.
Upon a plea of guilty to fleeing or evading police 1st degree, the defendant shall receive a five year sentence. Upon a plea of guilty to DUI 1st offense (aggravating circumstances), the defendant shall serve seven days in jail plus a fine of $250 and court cost.
Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for a total of five years to serve.
Final sentencing is scheduled for October 13.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ricky Phillips.
The Commonwealth recommended dismissing the charges of criminal mischief 3rd degree and arson 2nd degree under separate indictments.
Upon a plea of guilty to burglary 2nd degree, the defendant shall receive a seven year sentence. Upon a plea of guilty to receiving stolen property, a seven year sentence, upon a plea of guilty to obscuring the identity of a machine, a seven year sentence.
Pursuant to the recommendation of the Commonwealth, the three sentences shall run concurrently for seven years, probated for five years with supervision. The defendant shall also pay $81.60 in restitution and enter and complete the Clinton County Drug Court Program.
Final sentencing is scheduled for October 13.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Chad Scott.
The Commonwealth recommended amending the charge of theft by unlawful taking or disposition over $500 to under $500. Upon a plea of guilty to theft by unlawful taking or disposition under $500, the defendant shall receive a 12 month sentence, probated for two years with supervision and pay restitution of $452.61 jointly and severally with codefendant Robby Scott.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Robby Scott.
The Commonwealth recommended dismissing the charge of persistent felony offender 2nd degree. The Commonwealth further recommended amending the charge of theft by unlawful taking or disposition over $500 to under $500. Upon a plea of guilty to theft by unlawful taking or disposition under $500, the defendant shall receive a 12 month sentence, probated for two years with supervision and pay restitution, jointly and severally with a codefendant in the amount of $452.61.
* During a motion to revoke probation, in the case of Commonwealth vs. Shannon Mercer, originally charged with DUI 4th offense and operating on a suspended license, the court determined the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.
* During a pretrial conference in the case of Commonwealth vs. Gary Lattimer, charged with two counts each of 3rd degree assault and 3rd degree terroristic threatening and one count of disorderly conduct 2nd degree, the court scheduled a trial date of Wednesday, October 5 at 9 a.m.
* In the case of Commonwealth vs. Eddie Bowman, originally charged with criminal abuse 1st degree (child under 12), assault 1st degree, and criminal abuse 2nd degree, sentencing was continued until Thursday, October 13.
* During a motion to revoke probation, in the case of Commonwealth vs. Misty Duvall, charged with resisting arrest, possession of a controlled substance, et al., the defendant did not appear. A warrant of arrest was previously issued.
* During a motion to forfeit, in the case of Commonwealth vs. Mark Allen Brown, charged with manufacture of methamphetamine 1st offense, carrying a concealed deadly weapon, et al., the defendant did not appear and an arrest warrant was issued.
* During a pretrial conference, in the case of Commonwealth vs. David Bryan Brown, charged with theft by unlawful taking and persistent felony offender, the defendant did not appear and a warrant of arrest was issued.
Several defendants appeared with legal counsel for arraignment, entering not guilty pleas and having pretrial conference dates scheduled. Other cases were continued generally.