The monthly term of Clinton Circuit Court, as well as the convening of the Clinton County Grand Jury were each held on November 2, 2023.
Clinton Circuit Judge David L. Williams presided over the court calendar and grand jury indictments were returned in open circuit court.
— Clinton Circuit Court
The following are cases in which some type of final resolutions were reached, either through sentencing, plea agreements or final ruling by the court.
* Sentencing was held in the case of Commonwealth vs. Robert Warren-Scott Harris, pursuant to a plea agreement effectuated on October 19.
The defendant entered a plea of guilty to strangulation 2nd degree with a five year sentence imposed. Further, guilty to assault 4th degree with a 12 month sentence.
Pursuant to the recommendation of the Commonwealth, the two sentences shall run concurrently for a total of five years, probated for five years with supervision and the defendant shall complete anger management counseling.
Another charge of 4th degree assault was dismissed and the defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Edward E. Daley, pursuant to a plea agreement effectuated on October 12.
The defendant entered a guilty plea to four counts of wanton endangerment 1st degree with a five year sentence imposed on each. Further, guilty to criminal mischief 1st degree with a three year sentence. The four five year sentences shall run concurrently with each other and consecutively with the three year sentence, for an overall sentence of eight years.
Pursuant to the recommendation of the Commonwealth, the eight year sentence shall be probated for five years with supervision, with the defendant to pay $600 in restitution. He will receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Jeremy Lee Kempton, pursuant to a plea agreement effectuated on October 12.
The defendant entered a guilty plea to the offenses of assault 3rd degree (two counts) with a five year sentence imposed on each count.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for five years. The defendant shall serve 151 days in jail, with the balance probated for five years with supervision.
The defendant shall receive credit for time served and charges of criminal mischief 2nd degree, resisting arrest, and menacing were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Alfred A. Silva.
The Commonwealth recommended dismissing the charge of stalking 2nd degree under one indictment and further recommended amending the charge of rape 1st degree to unlawful transaction with a minor 2nd degree under a separate true bill.
Upon a plea of guilty to unlawful transaction with a minor 2nd degree, the defendant shall receive a five year sentence. Upon a plea of guilty to sexual abuse 2nd degree, a 12 month sentence, both to run concurrently.
The defendant shall serve 290 days in jail, with the balance of the sentence probated for five years with supervision.
Final sentencing is scheduled for December 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Robert Myers, Jr.
The Commonwealth recommended dismissing the charges of possession of marijuana and drug paraphernalia under one indictment and possession of marijuana and open alcohol container in motor vehicle under another indictment.
Upon a plea of guilty to possession of a controlled substance 1st degree 1st offense (meth), the defendant shall receive a two and one half year sentence. Upon a plea of guilty to possession of a controlled substance 1st degree 1st offense under a separate indictment, a two and one half year sentence, and upon a plea of guilty to violation of EPO/DVO, a 63 day sentence.
The two and one half year sentences shall run consecutively with each other and concurrently with the 63 day sentence for five years total. The defendant shall serve 139 days in jail, with the balance probated for five years with supervision and complete anger management and substance abuse counseling.
Final sentencing is scheduled for December 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jamie W. Herald.
The Commonwealth recommended dismissing the following charges: possession of drug paraphernalia, trafficking in a controlled substance 1st degree 1st offense and persistent felony offender 1st degree.
Upon a plea of guilty to possession of a controlled substance 1st degree, the defendant shall receive a three year sentence, probated for five years with supervision.
Final sentencing is scheduled for December 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Virginia Catron.
The Commonwealth recommended that upon a plea of guilty to theft by unlawful taking (firearm), the defendant shall receive a five year sentence, probated for five years with supervision. The defendant shall be referred to the Social Services Clinician and pay restitution in the amount of $900 plus a 5 percent clerk’s fee.
Final sentencing is scheduled for December 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jeremy Bermel.
The Commonwealth recommended dismissing the charges of no/expired registration plates and reckless driving.
Upon a plea of guilty to wanton endangerment 1st degree (two counts), the defendant shall receive a five year sentence on each count. Upon a plea of guilty to criminal mischief 1st degree, a five year sentence.
Pursuant to the recommendation of the Commonwealth, the three sentences shall run concurrently and be pretrial diverted for five years with supervision, and upon a plea of guilty to failure to maintain insurance, the defendant shall pay a $500 fine, plus court costs, and restitution in the amount of $2,650.
* During a motion to revoke probation in the case of Commonwealth vs. Donald Jerry Craft, charged with assault 4th degree, terroristic threatening et al, in lieu of revocation, the defendant shall enter and complete long term treatment.
* During a motion for shock probation in the case of Commonwealth vs. Stephen Ray Bridgeman, charged with theft by unlawful taking, arson 2nd degree, et al, the court held the matter in abeyance and the defendant is to be assessed regarding eligibility for the Clinton County Drug Court Program.
* During a motion to revoke probation in the case of Commonwealth vs. Rodney J. Manis, charged with theft by unlawful taking over $10,000, the Commonwealth withdrew the motion to revoke and the matter was continued.
* During a pretrial conference, in the case of Commonwealth vs. Tyler L. Hollan, charged with trafficking in a controlled substance 1st degree 1st offense, tampering with physical evidence, et al, a trial was scheduled for December 11 at 9 a.m.
* During a pretrial conference in the case of Commonwealth vs. Coty Lynn Key, charged with assault 2nd degree, the court noted a trial date remained scheduled for December 4 and 5 at 9 a.m.
* During a pretrial conference in the case of Commonwealth vs. Jesse W. Pittman, originally charged with assault 4th degree, kidnapping, terroristic threatening 3rd degree, and persistent felony offender 1st degree, upon the request of the Commonwealth, the matter was dismissed.
Other cases on the court calendar in November were continued to later dates.
— Clinton Grand Jury
The Clinton County Grand Jury also convened in regular session on November 2, handing down the following charges via indictments returned in circuit court:
* William Sheckles, 44, the alleged offenses of trafficking in a controlled substance first degree-1st offense (Class C felony); possession of a controlled substance first degree-methamphetamine (Class D felony); operating a motor vehicle with expired license (Class A misdemeanor); and, possession of drug paraphernalia (Class A misdemeanor).
The alleged offenses occurred on or about August 18, 2023.
* Ashley McCusker, 36, the alleged offenses of assault 4th degree (Class A misdemeanor) and criminal abuse second degree.
The alleged offenses occurred on or about June 11, 2023.
* Brian Marcum, 41, the alleged offenses of marijuana cultivation-more than five plants (Class D felony); possession of drug paraphernalia (Class A misdemeanor); trafficking in marijuana-two counts (Class D felony); and, persistent felony offender 2nd degree-two counts.
The alleged offenses occurred on or about August 1, 2023.
* Kyle Thomas, 27, the alleged offense of wanton endangerment 1st degree (Class D felony).
The alleged offense occurred on or about September 6, 2023.
* Felicia Daley, 27, the alleged offense of theft by unlawful taking or disposition, firearm (Class D felony).
The alleged offense occurred on or about July 26, 2023.
* John Tucker, 39, the alleged offense 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 of conduct; solicitation as evidence of intent (Class D felony).
The alleged offense occurred on or about August 9 through August 18, 2023.
* Alfred Silva, (Information Indictment) the alleged offense of sexual abuse 2nd degree (Class A misdemeanor).
The alleged offense occurred on or about August 1 through August 31, 2022.
(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.)