A monthly term of Clinton Circuit Court was held on May 11, 2023 with Clinton Circuit Judge David L. Williams presiding over the court calendar.
(Information pertaining to Clinton County Grand Jury proceedings were not made available as of press deadline Tuesday.)
The following are cases involving major crime charges, sentencing, plea agreements, trial dates being scheduled or other type of rulings being made in open court.
* A pretrial conference in the case of Benjamin Claywell, charged with murder and other offenses, had another pretrial conference set for June 8. Also, a case negotiation was held last Friday, May 26.
Claywell’s charges stem from a vehicle accident several months ago that claimed the life of an Albany woman. He was also indicted for DUI 4th or greater offense, DUI suspended license 3rd offense, trafficking in a controlled substance 2nd or greater offense and four counts of persistent felony offender.
* During motions filed by the Commonwealth in the cases against Cody Parrigin and Hailey Harber, who are charged in connection with the death of an infant child, the judge continued the trial, which had originally been scheduled, and set another pretrial conference for each defendant on June 8.
Parrigin is charged with reckless homicide and wanton endangerment 1st degree, while Harber is charged with reckless homicide, criminal abuse 1st degree (child 12 or under), hindering prosecution or apprehension 2nd degree, and wanton endangerment 1st degree.
* Arraignment was held for Sidney Hagan Foster, who is charged with 16 total counts, including two counts of attempted murder. He is also facing charges of possession of a controlled substance, 1st degree, 2nd offense, convicted felon in possession of a firearm, and other charges including four counts of 1st degree persistent felony offender.
The defendant entered a not guilty plea with a pretrial conference scheduled for June 8. Also, a case negotiation was scheduled for last Friday, May 26.
* David Carrender, who faces a host of charges on separate indictments, was on the docket for a pretrial conference, with another pretrial conference scheduled for June 8.
The defendant is charged with several counts, including arson 2nd degree, receiving stolen property over $1,000, criminal mischief 1st degree, fleeing or evading police, burglary 3rd degree, various counts of persistent felony offender, among other charges.
* Sentencing was held in the case of Commonwealth vs. Donald Jerry Craft, pursuant to an agreement reached on April 6.
The defendant pled guilty to robbery 2nd degree with a seven and one-half year sentence imposed; assault 4th degree with a sentence of 12 months imposed.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for seven and one-half years, serve 98 days in jail, with the balance probated for five years with supervision. The defendant shall also pay $7,000 in restitution.
Under terms of the plea, charges of persistent felony offender 2nd degree and terroristic threatening 3rd degree were dismissed.
* Sentencing was held in the case of Commonwealth vs. Justin E. Gibson, pursuant to an agreement reached on April 13.
The defendant pled guilty to possession of a controlled substance 1st degree (meth) with a one-year sentence. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for two years with supervision.
The defendant shall receive credit for time served and charges of trafficking in a controlled substance 1st degree, first offense and possession of drug paraphernalia were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Noah Alexander Stockton.
The Commonwealth recommended dismissing the following charges: stalking 2nd degree, public intoxication, giving a peace officer false identifying information, criminal mischief 2nd degree, criminal trespass 3rd degree, and menacing.
Upon a plea of guilty to criminal attempt to commit burglary 2nd degree, the defendant shall receive a 12 month sentence and upon a plea of guilty to fleeing or evading police 1st degree (on foot), a five year sentence. The sentences shall run concurrently for five years, pretrial diverted for five years with supervision, and the defendant is to pay $1,159.38 in restitution.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Bobby Hicks.
The Commonwealth recommended amending the charge of strangulation 2nd degree to wanton endangerment 1st degree. Upon a plea of guilty to wanton endangerment 1st degree, the defendant would receive a five year sentence, probated for five years with supervision and have no contact with the victim or victim’s family.
Final sentencing is scheduled for June 8.
* During a motion to revoke probation, in the case of Commonwealth vs. William Eric Stearns, charged with failure to comply with sex offender registration, the court ordered the defendant be evaluated by the Social Services Clinician with a review scheduled for June 8.
* During a motion filed seeking shock probation by the defense, in the case of Commonwealth vs. Brandi Beaty, charged with trafficking in a controlled substance, 1st degree, 2nd offense and possession of a controlled substance 1st degree, the court ruled the defendant is to be assessed for eligibility for the Clinton County Drug Court Program.
* During a case review in Commonwealth vs. Amy N. Burchett, charged with receiving stolen property more than $10,000, et al, the defendant was released from custody and shall be assessed regarding eligibility for the Clinton County Drug Court Program. Another review was scheduled for June 8.
* During a pretrial conference, motion to revoke bond filed by the Commonwealth, vs. Edward E. Daley, charged with four counts of wanton endangerment and one count of criminal mischief, the court ordered the defendant be evaluated by KCPC with a case review scheduled for June 8.
* During a motion to dismiss, filed by the Commonwealth, in the case of Commonwealth vs. Jesse W. Phillips, originally charged with fleeing or evading police, reckless driving and persistent felony offender, the defendant did not appear and an order of arrest was issued.
* During a pretrial conference, motion to revoke bond, in the case of Commonwealth vs. Brandon Clark, charged with flagrant nonsupport, the defendant did not appear previously  and an order of arrest was issued.
* During a motion to revoke probation, in the case of Commonwealth vs. Troy Hugh Albertson, charged with theft by unlawful taking over $1,000, the defendant did not appear and an arrest warrant was issued.
Several other cases on the May docket were continued to a later date.