Clinton Circuit Court, Grand Jury session results

Posted February 28, 2024 at 8:55 am

The monthly session of Clinton Circuit Court was held on February 8 with Circuit Judge David L. Williams presiding. The Clinton County Grand Jury also convened for its monthly session on that date, returning true bills in open circuit court charging four individuals on various counts.
The following actions from the Clinton Circuit Court proceedings involve cases that were resolved in some manner, either via sentencing, plea agreements, ruling, trial dates scheduled, et al.
* Sentencing was held in the case of Commonwealth vs. Sidney Hagan Foster, pursuant to a plea agreement effectuated on January 18.
The defendant entered a guilty plea to two counts of wanton endangerment 1st degree with a five year sentence on each count imposed. The two sentences shall run consecutively with each other for a total of 10 years.
Further, the defendant was found guilty of possession of a firearm by a convicted felon under a separate indictment with a five year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the 10 year and five year sentences will run concurrently for a total of 10 years to serve. The defendant shall forfeit property listed on the KSP 41 and the Commonwealth opposed probation.
Under terms of the plea, the following charges were dismissed: two counts of criminal attempt to commit murder; possession of a controlled substance 1st degree (meth); possession of marijuana; tampering with physical evidence; criminal mischief 1st degree; assault 4th degree (two counts); wanton endangerment 1st degree; two counts of terroristic threatening 3rd degree; and 11 total counts of persistent felony offender 1st degree.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Bobby Ray Phillips.
The defendant pled guilty to wanton endangerment first degree with a five year sentence imposed. Further, he pled guilty to possession of a firearm by a convicted felon with a five year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for a total of five years to serve. The sentence shall run consecutively with separate indictments and the defendant shall  forfeit all personal property listed on KSP 41. The Commonwealth opposed probation.
Two counts of 1st degree persistent felony offender were dismissed under the plea agreement.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Ferdinand Gerger.
The Commonwealth recommended dismissing the charge of possession of drug paraphernalia. Upon a plea of guilty to possession of a controlled substance 1st degree-1st offense (meth), the defendant shall receive a three year sentence, pretrial diverted for five years with supervision and complete the Clinton County Drug Court Program.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Thomas Ray Moreland.
The Commonwealth recommended that upon a plea of guilty to strangulation 2nd degree, the defendant shall receive a five year sentence. Upon a plea of guilty to assault 4th degree, the defendant would receive a 12 month sentence. The two sentences to run concurrently for five years, pretrial diverted for five years with supervision.
The defendant shall also complete anger management counseling and enter and complete a long-term treatment program for a minimum of nine months.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Coty Lynn Key.
The Commonwealth recommended dismissing charges of strangulation 1st degree and robbery 1st degree, and amending the charge of assault 2nd degree under a separate indictment to wanton endangerment 1st degree.
Upon a plea of guilty to wanton endangerment 1st degree, the defendant shall receive a sentence of four years, serve 39 days in jail and home incarceration, with the balance of the sentence pretrial diverted for four years with supervision.
The defendant shall also pay restitution in the amount of $500.00.
* During a motion to revoke probation in the case of Commonwealth vs. Cody D. Chilton, the court concluded the defendant had violated terms and conditions of probation and revoked same. The defendant shall receive credit for time served.
* During arraignment, in the case of Commonwealth vs. John Tucker, charged with procure or promote use of a minor by electronic means, a trial was scheduled for April 9 and 10 at 9 a.m.
* During a pretrial conference in the case of Commonwealth vs. Darian Chris Riddle, charged with receiving stolen property, PFO 2nd degree, and theft by unlawful taking or disposition over $1,000, a trial date was scheduled for May 15 at 9 a.m.
* During a pretrial conference in the case of Commonwealth vs. Charles David Chrisley II, charged with burglary 3rd degree, criminal mischief 1st degree, theft by unlawful taking over $500, criminal trespassing 3rd degree, and PFO 2nd degree, a trial date was scheduled for May 1 at 9 a.m.
* During a pretrial conference, in the case of Commonwealth vs. Bret R. Carver, charged with two counts of theft by deception of over $10,000, a trial date was scheduled for April 23 with a pretrial conference for March 7 at 9 a.m.
* During a motion to set for trial, in the case of Commonwealth vs. Daniel Paul Boston, originally charged with complicity to strangulation 1st degree and robbery 1st degree, pursuant to the request of the Commonwealth, the matter was dismissed.
* 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, the defendant did not appear and a warrant of arrest was issued.

Clinton Grand Jury indictments

The Clinton County Grand Jury convened in regular session on February 8 and handed down the following true bills in open Clinton Circuit Court.
* Savannah S. Jackson, 25, the alleged offenses of criminal abuse second degree (injury to person under 12 years of age) (Class D felony); wanton endangerment first degree (Class D felony); possession of a controlled substance first degree-methamphetamine (Class D felony); possession of drug paraphernalia (Class A misdemeanor); possession of a controlled substance not in original container (Class B misdemeanor).
The alleged offenses occurred on or about January 25.
* John J. Smith, 36, the alleged offenses of operating a motor vehicle under the influence (traffic violation) and wanton endangerment first degree (Class D felony).
The alleged offenses occurred on or about October 3, 2023.
* Michael Lykins, 63, the alleged offense of receiving stolen property, firearm (Class D felony).
The alleged offense occurred on or about November 22, 2023.
* Robert E. Purnell, Jr., the alleged offense of theft by unlawful taking or disposition, over $10,000 (Class C felony).
The alleged offense occurred on or about June 9 through November 30, 2023.
(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.)