Clinton Circuit Court session was chock full of activity

Posted November 16, 2022 at 2:52 pm

The monthly session of Clinton Circuit Court was held on Thursday, November 3, with Judge David L. Williams presiding over the court calendar.

Several individuals appeared for arraignment, entering not guilty pleas and having future pretrial conference dates scheduled, including some recent cases in which individuals were indicted on various charges.

A couple of higher profile, ongoing cases were also on the November docket, with future pretrial conference dates being scheduled.

Benjamin Claywell, who is charged with murder, had a pretrial conference this month.

Claywell was arraigned in September on charges related to a traffic accident that occurred on July 29 of this year on Hwy. 558, five miles north of Albany. The wreck claimed the life of 35 year old Ashley Barton, who was a passenger in the pickup truck he was operating when it ran off the roadway, traveled over an embankment and struck a tree.

Claywell, who is also charged with DUI 4th or greater offense, trafficking in a controlled substance 2nd or greater offense, driving on a DUI suspended license 3rd offense and four counts of persistent felony offender first degree, had another pretrial conference date scheduled in the case for January 12 at 9 a.m.

Cody Parrigin, who is charged with reckless homicide and wanton endangerment first degree, also had a pretrial conference this month.

The court scheduled another pretrial date for the defendant for January 12 at 9 a.m.

Hailey Harber, a codefendant of Parrigin’s, also appeared for a pretrial conference, with another such conference being scheduled for January 12 at 9 a.m.

Harber is charged with reckless homicide, criminal abuse 1st degree-child under 12, hindering apprehension or prosecution 2nd degree, and wanton endangerment 1st degree.

Harber, who was 21 at the time, and Parrigin, who was 24, are charged in relation to the apparent suffocation death of an infant child that occurred at a local residence earlier this year.

The following cases are cases in which some type of resolutions were reached, including sentencing, plea agreements or rulings being made by the court.

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

The Commonwealth recommended dismissing charges of wanton endangerment 2nd degree and possession of marijuana.

Upon a plea of guilty to promoting contraband 1st degree and persistent felony offender 2nd degree under an indictment, the defendant shall receive a 10 year sentence. Upon a plea of guilty to promoting contraband and persistent felony offender 2nd degree under a separate indictment, a 10 year sentence. Upon a plea of guilty to possession of a handgun by a convicted felon, a 10 year sentence. Upon a plea of guilty to trafficking in a controlled substance 2nd degree-1st offense (two counts) and persistent felony offender 2nd degree (two counts), a 10 year sentence on each count.

All 10 year sentences shall run concurrently for 10 years, probated for five years with supervision and the defendant shall enter and complete a long term rehab facility.

Final sentencing is scheduled for December 1.

* Sentencing was held in the case of Commonwealth vs. Kirensa Danielle Dishman, pursuant to a motion to revoke pretrial diversion, having been heard on October 13.

The court determined the defendant had violated terms and conditions of pretrial diversions, found her guilty of possession of a controlled substance 1st degree, with a three year sentence imposed. The Commonwealth opposed probation.

The defendant shall receive credit for time served.

* Sentencing was held in the case of Commonwealth vs. David Bryan Brown, pursuant to an agreement reached on October 13.

The defendant pled guilty to theft by unlawful taking over $1,000 with a five year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision and the defendant shall pay restitution in the amount of $298.50 in two payments.

The defendant shall receive credit for time served and the charge of persistent felony offender 2nd degree was dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jimmy Lynn Bertram.

The Commonwealth recommended dismissing the following charges: criminal mischief 3rd degree; menacing; resisting arrest; disorderly conduct 1st degree; and, terroristic threatening 3rd degree.

The Commonwealth further recommended amending the charge of burglary 2nd degree to burglary 3rd degree.

Upon a plea of guilty to burglary 3rd degree, the defendant shall receive a sentence of five years, probated for five years with supervision and enter and complete the Clinton County Drug Court Program.

Final sentencing is scheduled for December 1.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joshua W. Minton, on defendant’s motion for pretrial diversion, which was granted.

The Commonwealth recommended dismissing the charge of possession of drug paraphernalia.

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 and be referred to the Social Services Clinician.

* Motion to Revoke Probation was held in the case of Commonwealth vs. Cynthia Downing.

The defendant acknowledged violating terms and conditions of probation and same was revoked. She will receive credit for time served.

* Motion to Revoke Probation in the case of Commonwealth vs. Lora Lynn Burchett, charged with trafficking in a controlled substance 1st degree, 1st offense and possession of drug paraphernalia was held.

In lieu of revocation, the court ordered the defendant to be assessed regarding eligibility for the Clinton County Drug Court Program.

* Motion for Shock Probation was heard in the case of Commonwealth vs. Pamela Guffey, charged with two counts of trafficking in a controlled substance 1st degree-1st offense (meth).

In lieu of revocation, the court ordered the defendant to be assessed regarding eligibility for the Clinton County Drug Court Program.

* Motion for Shock Probation was heard in the case of Commonwealth vs. Angela Rains (Riddle).

In lieu of revocation, the court ordered the defendant to be assessed regarding eligibility for the Clinton County Drug Court Program.

* Motion to Revoke Probation was held in the case of Commonwealth vs. Nikki Hutcherson, charged with trafficking in a controlled substance 1st degree-1st offense (meth).

The defendant is to be assessed regarding eligibility for the Clinton County Drug Court Program.

* A Probation Revocation Hearing was held in the case of Commonwealth vs. Brittany Wray, charged with possession of a controlled substance 1st degree and 2nd degree-1st offense and possession of drug paraphernalia.

The defendant is to be assessed for eligibility for the Clinton County Drug Court Program.

* During a Motion to Revoke Pretrial Diversion in the case of Commonwealth vs. Dillon Flowers, charged with receiving stolen property over $10,000, wanton endangerment 1st degree, fleeing or evading police 1st degree and reckless driving, the defendant did not appear. A warrant of arrest was previously issued and on apprehension, the defendant is to be held without bond.

* During arraignment, in the case of Commonwealth vs. Gabrielle Nicole Guthrie, charged with possession of a controlled substance 1st degree-1st offense (meth), the defendant did not appear and on order or arrest was issued.

Other cases on the November court calender were continued to later dates due to various circumstances in each case.