Circuit court sees busy session; grand jury convenes

Posted January 26, 2012 at 2:37 pm

The second monthly term of Clinton Circuit Court was held last Tuesday, January 17 with Circuit Judge Eddie C. Lovelace presiding over a heavy court docket. Also, the newly seated Clinton County Grand Jury convened for its first session of a six-month term.

The following cases on the circuit court docket that saw some type of resolution being made and/or trial dates scheduled:

* During motion hour in the case of Commonwealth vs. Scotty Massengale, a plea agreement was reached. Under terms of the agreement, the Commonwealth recommended dismissing the following charges: controlled substance endangerment to a child-fourth degree, possession of drug paraphernalia, possession of a controlled substance and three counts of first degree persistent felony offender.

Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 10-year sentence to serve.

Final sentencing is scheduled for February 20.

* Sentencing was held in the case of Commonwealth vs. Ronald D. Daniels, pursuant to a plea agreement effectuated on December 19, 2011.

Under terms of the plea, the defendant pled guilty to manufacturing methamphetamine with a 10-year sentence imposed and jail credit will be calculated by the Kentucky Department of Corrections. To the terms of the plea, the following charges were dismissed: unlawful possession of a meth precursor, possession of a controlled substance-first degree (meth) and possession of drug paraphernalia.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Matthew Shelton. The Commonwealth recommended the following charges be dismissed: two counts of first degree wanton endangerment, criminal mischief-first degree, operating a motor vehicle under the influence-first offense, persistent felony offender-second degree and under a separate indictment, dismissing a charge of possession or use of a radio capable of sending or receiving police messages.

Upon a plea of guilty to possession of a handgun by a convicted felon, the defendant would receive a five-year sentence to run consecutive to a sentence already imposed in circuit court in a separate case.

Final sentencing has been set for February 20.

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

Upon a plea of guilty to flagrant non-support, the defendant would receive a five-year sentence to serve.

Final sentencing is scheduled for February 20.

* Sentencing was held in the case of Commonwealth vs. Amanda Elaine Waid, pursuant to a prosecution motion to revoke pretrial diversion.

The court found that on July 18, 2011, the defendant entered a plea of guilty to theft of a controlled substance and received a two-year sentence, pretrial diverted for two years. As part of the diversion, the defendant was to enter and successfully complete the Clinton County Drug Court Program. The defendant was terminated from the program on December 5, 2011, thus the court revoked probation and imposed the two-year sentence.

The defendant will be credited for any time already served as determined by the Kentucky Department of Corrections.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Steven Dewayne Posey. Upon a plea of guilty to marijuana cultivation, more than five plants, the defendant would receive a two-year sentence, probated for two years with supervision. He must also enroll in and complete the Clinton County Drug Court Program and if not accepted, the sentence would be probated and supervised with probation and parole.

Final sentencing is scheduled for February 20.

* Sentencing was held in the case of Commonwealth vs. Larry Kay Wallace, pursuant to a plea agreement effectuated on January 3.

The defendant pled guilty to possession of a controlled substance-first degree with a three year sentence, probated for three years with supervision, imposed. Any time already served would be determined by the Kentucky Department of Corrections. Under terms of the plea, the following charges were dismissed: possession of drug paraphernalia and persistent felony offender.

* During a hearing, a plea agreement was reached in the case of Commonwealth vs. Stephanie C. Craig. Upon a plea of guilty to receiving stolen property over $500, the defendant shall receive a sentence of three years, pretrial diverted for three years with supervision.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Judy Sexton Clark. Under terms of the plea, the defendant would receive a three year sentence, pretrial diverted for three years with supervision and successfully complete the Clinton County Drug Court Program on the charge of possession of a controlled substance. If not accepted, she would be supervised by probation and parole.

Also under terms of the plea, the following charges were dismissed: manufacturing methamphetamine, controlled substance endangerment to a child and possession of drug paraphernalia.

* During a pretrial conference in the case of Commonwealth vs. Mark Melton, charged with cultivation of marijuana over five plants, manufacturing methamphetamine-first offense and possession of drug paraphernalia, the case remained set for trial Thursday, February 2.

* In the case of Commonwealth vs. Jeffrey Clark, charged with cultivation of marijuana, five or more plants, during a pretrial conference the case remained set for trial Friday, February 17.

* During a pretrial conference, in the case of Commonwealth vs. Patricia Ann Young, charged with manufacturing methamphetamine, the court informed the parties it will defer entry of the plea of guilty in the case until the case of Commonwealth vs. Jamie Herald is resolved.

* During motion hour, in the case of Commonwealth vs. William Paul Daniel, charged with flagrant nonsupport, the defendant did not appear and a warrant of arrest was issued.

Several other cases were presented to the court last week with some being continued for various reasons. Also, some defendants appeared for arraignment, entering not guilty pleas and having future trial proceedings scheduled.

The Clinton County Grand Jury convened for the first time this year last Tuesday, January 17 and handed down the following indictments in open circuit court:

* The alleged offenses of rape, third degree and sodomy, third degree, against Terry Joe Dial, charging that on or about May 1, 2011, the defendant engaged in sexual intercourse with a minor and deviate sexual intercourse with a minor less than 16 years old but older than 12 years of age.

* The alleged offense of possession of a firearm by a convicted felon against William A. Cummings, charging that on or about December 25, 2011, the defendant possessed, manufactured or transported several firearms, when he had been convicted of a felony.

* The alleged offense of theft by unlawful taking or disposition against Matthew R. Denney, charging that on or about December 19, 2011, the defendant took or exercised control over a Remington .12 gauge shotgun, the moveable property of Brandon J. Brown.

* The alleged offense of promoting contraband-first degree, against Flint Thacker, charging that on or about September 23, 2011, the defendant introduced various types of a controlled substance into the Clinton County Jail.

* The alleged offense of burglary-third degree (10 counts), against Gabriella M. Arms, charging that on or about October 30, 2011, the defendant entered and remained unlawfully in the building belonging to Bill Talbott, with the intent to commit a crime.

* The alleged offense of complicity to commit burglary-third degree, four counts, against Breanna R. Mansfield, charged that on or about September 20 through October 3, 2011, the defendant commanded or engaged with Gabriella Arms, to commit such offense, she aided, counseled or attempted to aid in planning or committing the offense.

* The alleged offense of flagrant nonsupport against Shawn Wyatt Rowe, charging that on or about July 15, 2008 through January 17, 2012, the defendant failed to pay support for his minor child or children, said failure to pay having resulted in an arrearage of $10,602.25 as of January 17.

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