The monthly term of Clinton Circuit Court was conducted Thursday, June 8 with Circuit Judge David L. Williams presiding over the docket.
The following cases are either major in nature, or where final ruling, i.e. sentencing, plea agreements or final rulings were made.
* During a pretrial conference in the case of Commonwealth vs. Benjamin Claywell, charged with murder, DUI 4th or greater offense, trafficking in a controlled substance, DUI suspended license 3rd offense and four counts of 1st degree persistent felony offender, another pretrial conference was scheduled for August 8.
The defendant is alleged to have been driving a vehicle that crashed last year, resulting in the death of a Clinton County woman.
* During a pretrial conference, in the case of Commonwealth vs. Sidney Hagan Foster, a trial was (tentatively) scheduled for August 28-29 and the matter was to be referred to felony mediation.
The defendant is facing a total of 16 charges, including two counts of attempted murder, drug and assault charges, wanton endangerment, among others.
* A pretrial conference was held for both Hailey Harber and Cody Parrigin, with each having another pretrial conference scheduled for July 13.
Harber is charged with reckless homicide, criminal abuse 1st degree, wanton endangerment 1st degree, and hindering prosecution or apprehension.
Parrigin, a co-defendant, is charged with reckless homicide and wanton endangerment 1st degree.
The charges stem from the death of a infant that occurred at a local residence in 2022.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. David Carrender.
The Commonwealth recommended dismissing several charges under separate indictments, including engaging in organized crime, fleeing or evading police, possession of burglary tools, and various counts of persistent felony offender.
The defendant entered guilty pleas to several charges, including receiving stolen property, arson 3rd degree, persistent felony offender, tampering with physical evidence, among others with a total sentence of up to 17 and one-half years.
Upon the recommendation, a seven year sentence under one indictment shall run concurrently with the 17 and one-half years. The defendant shall serve 307 days in jail, with the balance probated five years with supervision. (The defendant had already served 272 days).
The defendant shall pay total restitution in the amount of $15,150.00 at $260 monthly.
The Commonwealth further recommended amending the following charges:
Arson 2nd degree to arson 3rd degree and persistent felony offender 1st degree, three counts, to persistant felony offender 2nd degree, three counts; persistent felony offender 1st degree, four counts, to persistent felony offender 2nd degree, one count; persistent felony offender 1st degree, one count, to persistent felony offender 2nd degree, one count; persistent felony offender 1st degree, three counts, to persistent felony offender 2nd degree, three counts.
Final sentencing is scheduled for July 13.
* Sentencing was held in the case of Commonwealth vs. Misty Duvall, pursuant to an agreement reached on August 13, 2020.
The defendant entered a guilty plea to tampering with physical evidence with a five year sentence imposed and possession of a controlled substance with a three year sentence. The sentences shall run concurrently for five years, probated for two years with supervision and the defendant shall receive credit for time served.
Under terms of the plea, the following charges were dismissed: resisting arrest, possession of a controlled substance 3rd degree, operating on a suspended license and persistent felony offender.
* Sentencing was held in the case of Commonwealth vs. Bobby Hicks, pursuant to an agreement reached on May 11.
The defendant pled guilty to wanton endangerment 1st degree 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 receive credit for time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Christopher Young.
The Commonwealth recommended dismissing the charge of possession of drug paraphernalia.
Upon a plea of guilty to possession of a controlled substance 1st degree (meth), the defendant shall receive a three year sentence. Upon a plea of guilty to possession of a controlled substance 1st degree (opiates), a three year sentence; upon a plea of guilty to possession 1st degree (Heroin) a three year sentence; and, upon a plea of guilty (separate indictments) to promoting contraband 1st degree, a five year sentence.
Pursuant to the recommendation of the Commonwealth, all sentences shall run concurrently for five years, pretrial diverted for five years and 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. Anthony Robbins.
The Commonwealth recommended dismissing the charges of alcohol intoxication, criminal trespass 3rd degree and fleeing or evading police 1st degree (on foot).
Upon a plea of guilty to criminal mischief 3rd degree, the defendant shall receive 30 days home incarceration with the balance probated for 12 months and a fine of $4,250 in court costs and $500 in restitution.
A misdemeanor judgment was entered.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Curtis Tuck.
The Commonwealth recommended amending the charge of unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities (two counts) to terroristic threatening 3rd degree (two counts).
Upon a plea of guilty to two counts of 3rd degree terroristic threatening, the defendant shall receive a six month sentence on each count, probated for two years with supervision.
A misdemeanor judgment was entered.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jamison Wallace.
The Commonwealth recommended dismissing the charges of menacing, possession of open alcoholic beverage container, criminal trespass 1st degree, and assault 4th degree.
Upon a plea of guilty to wanton endangerment 1st degree, the defendant shall receive a two year sentence, pretrial diverted for two years with supervision.
A misdemeanor judgment was entered.
* During a pretrial conference, in the case of Commonwealth vs. Alfred A. Silva, a trial date was (tentatively) scheduled for August 3-4 with a pretrial conference set for July 13.
The defendant is charged with rape 1st degree and stalking 2nd degree.
* During a motion to revoke pretrial diversion, in the case of Commonwealth vs. Troy Hugh Albertson, charged with theft by unlawful taking over $1,000, in lieu of revocation, the defendant shall make a lump sum restitution payment in the amount of $500, then within 30 days start paying $200 per month.
* During a pretrial conference (motion to revoke bond), in the case of Commonwealth vs. Nancy Rains, charged with receiving stolen property over $1,000 and engaging in organized crime-criminal syndicate, the defendant did not appear.
A warrant of arrest was previously issued and the defendant was placed in NCIC.
* During a pretrial conference in the case of Commonwealth vs. Robert Myers, Jr., charged with possession of a controlled substance 1st degree, possession of marijuana and drug paraphernalia, the defendant did not appear. A summons was to be issued requiring the defendant to be present July 13 at 9 a.m.
Several other docketed cases were continued and some defendants appeared for arraignment, entering not guilty pleas via their legal counsel and having pretrial conference dates scheduled.
The Clinton County Grand Jury also convened for its monthly session on June 8, handing down true bills in open circuit court charging three individuals on multiple counts.
The following indictments were returned by the grand jury in June:
* Lucien E. Stevens, 26, the alleged offense of wanton endangerment first degree (11 counts), Class D felonies. He was also indicted on one count of assault 4th degree. The alleged crimes occurred on or about May 6 of this year.
Count one of the true bill alleges Stevens “wantonly engaged in conduct that created substantial danger of death or serious physical injury to another person when he held a pistol to his head.”
The defendant is also alleged to have put others in danger by firing a pistol toward the ground “causing the bullet or part of the bullet to bounce off a rock and graze another person.”
Other counts in the true bill allege several other persons, including minor children and a toddler were in the vicinity when he fired the firearm, creating “substantial danger of death or serious physical injury.”
The charge of assault 4th degree, a Class A misdemeanor, pertained to a person being grazed by part of a bullet fired into the ground and bouncing off a rock, striking the person.
The defendant is scheduled to be arraigned on July 13 at 9 a.m.
* Jeremy L. Kempton, 41, the alleged offenses of criminal mischief 2nd degree. Class A misdemeanor; assault 3rd degree (two counts), Class D felonies; resisting arrest, Class A misdemeanor, and menacing.
The alleged offenses occurred on or about May 29.
* Robert Warren-Scott Harris, 54, the alleged offenses of strangulation 1st degree, Class C felony, when he allegedly, “impeded the normal breathing or circulation of blood when he grabbed (a female) by the throat, held her off the ground…and after releasing her…as she was running away, grabbed her again and knocked her to the gravel, got on top of her and proceeded to choke her while screaming he was going to kill her.”
The defendant was also indicted on two counts of assault 4th degree, with all of the alleged incidents occurring on or about April 1.
The defendant is scheduled to be arraigned on July 13.
(An indictment is a statement of probable cause that an offense has been committed and further court proceedings are warranted. Individuals named in an indictment are presumed innocent until proven guilty in court.)