Grand jury, circuit court sessions held

Posted March 1, 2023 at 1:33 pm
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The monthly sessions of Clinton Circuit Court, as well as the Clinton Grand Jury were held on Thursday, February 9.

Clinton Circuit Court:

The monthly term of circuit court was held with Circuit Judge David L. Williams presiding over the court docket.

The following are cases in which some form of final resolution and/or ruling were handed down:

* Sentencing was held in the case of Commonwealth vs. Dennis Isaac Lee, pursuant to a plea agreement reached on January 12.

The defendant pled guilty to possession of a controlled substance with a three year sentence and $1,250 fine imposed. Pursuant to the recommendation of the Commonwealth, the sentence was probated for five years with supervision. He will receive credit for time served and a separate indictment charge was dismissed in its entirety.

* Sentencing was held in the case of Commonwealth vs. Amanda Jewell, pursuant to an agreement reached on January 12.

The defendant pled guilty to receiving stolen property over $1,000 with a two and-one-half year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision. The sentence will also run consecutively with a separate indictment and the defendant is to enter and complete the Clinton County Drug Court Program.

The defendant shall receive credit for any time served and charges of criminal syndicate-engaging in organized crime and two counts of persistent felony offender were dismissed.

* Sentencing was held in the case of Commonwealth vs. Amy N. Burchett, pursuant to a plea agreement reached on January 12.

The defendant pled guilty to receiving stolen property over $1,000 with a five year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated five years with supervision.

The defendant shall receive credit for any time served and charges of criminal syndicate-organized crime and two counts of persistent felony offender were dismissed.

* Sentencing was held in the case of Commonwealth vs. Daniel R. Young, pursuant to a plea agreement reached on January 12.

The defendant pled guilty to possession of a handgun by a convicted felon (two counts) and a five year sentence on each count was imposed. Also, the defendant pled guilty to possession of a firearm by a convicted felon with a five year sentence imposed. Pursuant to the recommendation of the Commonwealth, the three sentences shall run concurrently for five years, probated for five years with supervision.

The defendant shall receive credit for any time served.

* During a pretrial conference in the case of Cody Parrigin, charged with wanton endangerment 1st degree and reckless homicide, another pretrial conference was scheduled for March 2. Also, the defendant was ordered to be present on February 24 for case negotiation.

* During a pretrial conference in the case of Commonwealth vs. Hailey Harber, charged with reckless homicide, criminal abuse 1st degree, hindering prosecution or apprehension 2nd degree and wanton endangerment 1st degree, another pretrial conference was scheduled for March 2.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Elmer Gene Neal.

The defendant pled guilty to criminal possession of a forged instrument 2nd degree (three counts), with a two and one-half year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for two and one-half years to serve. The Commonwealth opposed probation.

In accordance with the agreement, the following charges were dismissed: theft of mail matter, criminal possession of a forged instrument (two counts), theft by unlawful taking less than $1,000 and two counts of persistent felony offender 2nd degree.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ryan P. Nally.

The Commonwalth recommended dismissing the charge of arson 2nd degree. The Commonwealth further recommended amending the charges of burglary 2nd degree to complicity to burglary 2nd degree and theft by unlawful taking over $1,000 to complicity to theft by unlawful taking over $1,000.

Upon a plea of guilty to complicity to burglary 2nd degree, the defendant shall receive a 10 year sentence and upon a plea of guilty to complicity to theft by unlawful taking over $1,000, the defendant shall receive a five year sentence. Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for 10 years, probated for five years with supervision and he is to testify truthfully and cooperate against a co-defendant.

Final sentencing was scheduled for March 2.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. James Douglas Irwin.

The Commonwealth recommended amending the charge of sexual abuse 1st degree (victim under 12) to sexual abuse 1st degree. Upon a plea of guilty to sexual abuse 1st degree, the defendant would receive a five year sentence to serve. The Commonwealth stated it would oppose probation.

Final sentencing was scheduled for March 2.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Gabrielle Nicole Guthrie.

The Commonwealth recommended that upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a two year sentence, pretrial diverted for five years with supervision.

* During a motion to revoke probation, in the case of Commonwealth vs. Robby Scott, charged with theft by unlawful taking and persistent felony offender 2nd degree, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for any time served.

* During a motion to revoke probation, in the case of Commonwealth vs. Neita Neal, charged with three counts of trafficking in a controlled substance 1st offense, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for any time served.

* During a motion to revoke probation in the case of Commonwealth vs. Randy Brumley, the defendant acknowledged violating terms and conditions of probation and the court revoked same. The defendant shall receive credit for any time served.

* During a motion to revoke probation in the case of Commonwealth vs. Kenny Norris, charged with criminal possession of a forged instrument, in lieu of revocation, the court ordered the defendant receive a sanction of time served.

During proceedings in February, the court also scheduled several defendants to appear last Friday, February 24 (too late for press deadline) for “case negotiations.” Also, several other defendants were arraigned, entering not guilty pleas and having pretrial conferences scheduled, while other cases were continued generally.

Grand jury session:

* The Clinton County Grand Jury also convened in regular session on February 9, returning true bills in open circuit court charging four individuals.

The following indictments were returned:

* Curtis Tuck, the alleged offense (two counts) of unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities; prohibition of multiple convictions arising from single course conduct; solicitation as evidence of intent, a Class D felony. The alleged offenses occurred on or about January 18.

The victim alleged was over the age of 12 but under the age of 16.

* Ty Webb, the alleged offense of criminal mischief 1st degree, Class D felony, by allegedly defacing or destroying property of another causing damage more than $1,000. The alleged offense occurred on or about April 1, 2022.

* Alfred A. Silva, the alleged offenses of rape 1st degree (Class B felony) and stalking in the second degree (Class A misdemeanor) by engaging in sexual intercourse through forcible compulsion with a minor under 12 and driving by and watching the house of the minor. The alleged offenses having occurred on or about August 1, 2022 through November 28, 2022.

* Jamison Wallace, the alleged offenses of menacing (Class B misdemeanor), possession of an open alcoholic beverage container, criminal trespass 1st degree and assault 4th degree (Class A misdemeanors), and wanton endangerment first degree (Class D felony) by causing substantial danger of injury or death to another person during an altercation (with a handgun). The alleged offenses having occurred on or about January 21.

(Editor’s Note: An indictment is a statement of probable cause to believe an offense has been committed and further court proceedings are warranted. Individuals named in an indictment are presumed innocent until proven guilty in court.)