March Clinton Circuit Court session includes scheduling, sentencing orders

Posted March 28, 2023 at 12:31 pm

The monthly term of Clinton Circuit Court was held March 2 with Circuit Judge David L. Williams presiding over a somewhat heavy court docket.

Several plea agreements were reached and some higher profile cases were continued for further pretrial conferences during the monthly term.

The following are cases where pleas were entered or other final actions/motions were ruled on:

* During a pretrial conference in the case of Commonwealth vs. Benjamin Claywell, another pretrial conference has been scheduled for May 11.

The defendant is facing charges of murder (related to a vehicle wreck that claimed the life of a local woman); DUI 4th or greater offense (aggravating circumstances); driving on a DUI suspended license 3rd offense; trafficking in a controlled substance 2nd or greater offense; and four counts of 1st degree persistent felony offender.

* A pretrial conference in the cases of both Hailey Harber and Cody Parrigin was held, with each having future such actions scheduled for next month.

The codefendants are charged in relation to the death of an infant in Clinton County last year.

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

Parrigin, a codefendant in the same case, is charged with reckless homicide and wanton endangerment 1st degree.

The court scheduled a pretrial conference for Thursday, April 13 at 1 p.m.

* Sentencing was held in the case of Commonwealth vs. Ryan P. Nally, pursuant to an agreement reached on February 9.

The defendant entered a guilty plea to complicity to burglary 2nd degree with a 10 year sentence imposed, and further, complicity to theft by unlawful taking over $1,000 with 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 the defendant is to testify and cooperate against a codefendant. He shall also receive credit for time served.

A charge of 2nd degree arson was dismissed.

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

The following charges under separate indictments were dismissed: possession of drug paraphernalia; fleeing or evading police 2nd degree; criminal syndicate-organized crime and possession of burglary tools; escape 2nd degree; fleeing or evading 1st degree; possession of a controlled substance 1st degree; and, possession of drug paraphernalia.

The defendant pled guilty to the following under separate indictments: (1) Burglary 3rd degree, receiving stolen property over $1,000 and criminal mischief 1st degree with a five year sentence to run concurrently on each charge.

(2) Receiving stolen property over $1,000, tampering with physical evidence, criminal mischief 1st degree, with a five year sentence on each charge. Upon a plea of guilty to arson 2nd degree, a 15 year sentence, with those to run concurrently for 15 years and pay restitution of $3,800.

(3) Receiving stolen property over $1,000 two counts), a five year sentence each and possession of a controlled substance 1st degree, a three year sentence. The five year and three year sentences shall run concurrently.

Upon another plea of guilty to receiving stolen property over $1,000 under a separate indictment, a five year sentence. All sentences shall run concurrently for a total of 15 years to serve. The Commonwealth states it will oppose probation.

Final sentencing has been scheduled for April 13 at 9 a.m.

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

The Commonwealth recommended dismissing the following under separate indictments: criminal trespass 2nd degree, theft by unlawful taking under $1,000 (two counts) and burglary 3rd degree.

Upon a plea of guilty to burglary 3rd degree and persistent felony offender 2nd degree, the defendant shall receive a six year sentence to serve. The defendant stipulates to revocation in a separate indictment to run consecutive lyand is to pay $800.73 in restitution.

Final sentencing is scheduled for April 13.

* During a pretrial conference a plea agreement was reached in the case of Commonwealth vs. Brandon Hall.

The defendant pled guilty to two counts of wanton endangerment with a sentence of two years on each count. Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for two years to serve and consecutively with time from separate indictments. The Commonwealth opposed probation.

The defendant shall receive credit for time served and two counts of persistent felony offender 2nd degree were dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Clifford R. Kennedy.

The Commonwealth recommended dismissing the charge of criminal syndicate-engaging in organized crime. The Commonwealth further recommended amending the charge or receiving stolen property over $10,000 to over $1,000.

Upon a plea of guilty to receiving stolen property over $1,000, the defendant shall receive a sentence of one year to serve. The Commonwealth stated it will oppose probation.

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

The Commonwealth recommended dismissing the charges of trespass 1st degree and unlawful transaction with a minor 1st degree. The Commonwealth further recommended amending the charge of rape 3rd degree to wanton endangerment 1st degree.

Upon a plea of guilty to wanton endangerment 1st degree, the defendant shall receive a one year sentence. Upon a plea of guilty to receiving stolen property over $1,000, a one year sentence. Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for one year to serve and consecutively with time from a separate indictment. The Commonwealth stated it will oppose probation.

Final sentencing is scheduled for April 13.

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

The Commonwealth recommended dismissing the charges of trafficking in a controlled substance 1st degree (over two grams meth) and 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, serve 60 days home incarceration, with the balance pretrial diverted for five years with supervision. The defendant shall enter and complete the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jamison D. Milam.

The Commonwealth recommended dismissing the charges of possession of drug paraphernalia and trafficking in marijuana. The Commonwealth further recommended amending the charge of trafficking in a controlled substance 1st degree (cocaine) to possession of a controlled substance 1st degree.

Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a three year sentence. Upon a plea of guilty to receiving stolen property (firearm), a five year sentence. Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for a total of five years, pretrial diverted for five years and the defendant shall be assessed for eligibility in the Clinton County Drug Court Program and forfeit $559.00.

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

The Commonwealth recommended dismissing the following charges: possession of a handgun by a convicted felon, possession of marijuana, possession of drug paraphernalia and possession of a controlled substance 2nd degree.

Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense (under two grams meth) and persistent felony offender 2nd degree, the defendant shall receive a sentence of six years, probated for five years with supervision and forfeit $2,532.00 and a Heritage Rough Rider .22 caliber handgun.

Final sentencing is scheduled for April 13.

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

The Commonwealth recommended dismissing the charges of criminal trespass 2nd degree and criminal mischief 2nd degree. Upon a plea of guilty to burglary 3rd degree, the defendant shall receive a five year sentence, serve 180 days in jail, with the balance pretrial diverted for five years with supervision.

The defendant shall be assessed by the Social Services Clinician and pay restitution in the amount of $2,200.00.

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

The Commonwealth recommended dismissing the charge of possession of drug paraphernalia. Upon a plea of guilty to trafficking in marijuana (less than eight ounces, first offense), the defendant shall receive a three year sentence, pretrial diverted for five years and forfeit $7,390.00.

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

The Commonwealth recommended that upon a plea of guilty to failure to comply with sex offender registry 1st offense, the defendant would receive a sentence of one year, probated for one year with supervision.

Final sentencing is scheduled for April 13.

* During a pretrial conference, in the case of Commonwealth vs. Ty Webb, originally charged with theft by unlawful taking over $1,000 and criminal mischief 1st degree, pursuant to the recommendation of the Commonwealth, the matter was dismissed with an order to be tendered.

* During motion to revoke shock probation, in the case of Commonwealth vs. Angela Rains (Riddle), the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

* During motion to revoke shock probation, in the case of Commonwealth vs. Randall L. Dicken, charged with drug related offenses, 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. Brandi Beaty, charged with drug related offenses, the defendant acknowledged having violated terms and conditions of probation and the court revoked same. The defendant shall receive credit for time served.

* In the case of Commonwealth vs. Misty Duvall, charged with drug and traffic related offenses and persistent felony offender 2nd degree, 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. Cody D. Chilton, the court ordered the defendant released on a $10,000 surety bond with ankle monitor and continued the case to April 13.

* During a pretrial conference in the case of Commonwealth vs. Coty Lynn Key, charged with strangulation 1st degree and robbery 1st degree, a trial that had been scheduled was cancelled. The defendant shall be allowed to post a $50,000 surety bond with home incarceration with a pretrial conference scheduled for April 13.

* During a pretrial conference in the case of Commonwealth vs. Noah Alexander Stockton, charged with several offenses, including stalking 2nd degree, fleeing or evading police 1st degree, et al., the defendant did not appear and an order of arrest was issued.

* During a motion to revoke probation in the case of Commonwealth vs. Chad Scott, charged with theft by unlawful taking of parts from a vehicle over $500, the defendant did not appear and an order or arrest was issued.

* During a motion to revoke probation in the case of Commonwealth vs. Justin Gibson, charged with various drug and traffic related offenses, the defendant did not appear and an order of arrest was issued.

Several other cases were on the docket, with some defendants being arraigned, entering not guilty pleas and having future pretrial court dates scheduled.