The monthly term of Clinton Circuit Court saw several defendants formally sentenced and others reach plea agreements. The session was held October 10 with Circuit Judge David L. Williams presiding over the court docket.
Following are those cases in which some final ruling was made:
* Sentencing was held in the case of Commonwealth vs. Daniel Moreland, pursuant to a plea agreement reached on August 8.
The defendant entered a guilty plea to sexual abuse 1st degree (two counts) with a five year sentence on each count imposed. Further, guilty to rape 1st degree with a 15 year sentence, and lastly, sexual abuse 1st degree (separate indictment) with a five year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for a total of 15 years to serve. The Commonwealth opposed probation and the defendant shall receive credit for time served. A charge of unlawful transaction with a minor (two counts) were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Hailey Harber, granting pretrial diversion.
The defendant had been charged, along with a codefendant, in relation to the death of an infant in 2022.
The Commonwealth recommended dismissing one indictment altogether.
Upon a plea of guilty to wanton endangerment 1st degree, the defendant shall receive a five year sentence, serve 28 days and 30 days home incarceration with the balance pretrial diverted for five years with supervision.
* Sentencing was held in the case of Commonwealth vs. Thomas Joe Tucker pursuant to an agreement reached on September 5.
The defendant entered a guilty plea to wanton endangerment with a two year sentence imposed. Also guilty to possession of a handgun by a convicted felon with a five year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the sentences shall run consecutively for a total of seven years to serve, and to run concurrently with a Wayne County indictment. The defendant shall also forfeit a Ruger P85 handgun.
The Commonwealth opposed probation and the defendant will receive credit for time served. Several charges were dismissed, including seven counts of wanton endangerment 1st degree, unlawful imprisonment 1st degree, terroristic threatening 3rd degree, DVO violation and nine counts of 2nd degree persistent felony offender.
* Sentencing was held in the case of Commonwealth vs. Noah Alexander Stockton, pursuant to a motion to revoke pretrial diversion that was heard on September 5.
The defendant was found guilty of fleeing or evading police (on foot) with a five year sentence imposed and criminal attempt to commit burglary 2nd degree with a 12 month sentence.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for five years. The Commonwealth opposed probation and the defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Johnny Kenneth Duvall, pursuant to a plea agreement reached on September 5.
The defendant entered a guilty plea to trafficking in a controlled substance 1st degree-1st offense (meth) with a five year sentence imposed, and guilty to possession of a handgun by a convicted felon with a five year sentence.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for five years to serve and the defendant shall forfeit $1,502 and the 9mm handgun and two mags to the Commonwealth.
The Commonwealth opposed probation. The defendant shall receive credit for time served and charges of possession of a controlled substance 1st degree and possession of marijuana and drug paraphernalia were dismissed.
* Sentencing was held in the case of Commonwealth vs. Christopher Glen Hughes, pursuant to a plea agreement reached on September 5.
The defendant entered a guilty plea to operating a motor vehicle under the influence 2nd offense (aggravating circumstances) with a seven day sentence and $350 fine. Further, guilty to wanton endangerment 1st degree and persistent felony offender 2nd degree with a 10 year sentence, and lastly, possession of a controlled substance 1st degree-1st offense (meth) with a three year sentence.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for 10 years, serve 270 days in jail with the balance probated for five years with supervision. The defendant shall also forfeit $969 and receive credit for time served.
Charges of trafficking in a controlled substance 1st degee-1st offense, possession of a controlled substance first degree-first offense, possession of a controlled substance not in original container, possession of drug paraphernalia and persistent felony offender 2nd degree were dismissed.
* Sentencing was held in the case of Commonwealth vs. Wesley Rains, pursuant to a plea agreement reached on September 5.
The defendant entered a guilty plea to possession of a firearm by a convicted felon with a one year sentence imposed and to run consecutively with a separate indictment. The defendant shall also forfeit a .20/.20 gauge shotgun. Various hunting violations and persistent felony offender 2nd degree charge were dismissed.
* Sentencing was held in the case of Commonwealth vs. Douglas Pennycuff, pursuant to an agreement reached on September 5.
The defendant entered a guilty plea to possession of a controlled substance 1st degree, 3rd or subsequent offense, with a three year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision. A charge of falsely reporting an incident was dismissed.
* Sentencing was held in the case of Commonwealth vs. Charles Dicken, pursuant to a plea agreement reached on September 5.
The defendant entered a guilty plea to criminal mischief 1st degree with a five year sentence imposed; theft by unlawful taking or disposition over $10,000 with a five year sentence, to run consecutively for 10 years. Upon a plea of guilty to burglary 3rd degree, a five year sentence.
The 10 year sentence and five year sentence under a separate true bill shall run concurrently for 10 years, probated for five years with supervision and the defendant shall receive credit for time served, per the recommendation of the Commonwealth. Also, a charge of criminal trespass 3rd degree was dismissed.
* Sentencing was held in the case of Commonwealth vs. James Abston, pursuant to a plea agreement reached on September 5.
The defendant entered a guilty plea to possession of a controlled substance 1st degree-1st offense (meth) with a three year sentence imposed.
Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for five years with supervision and the defendant shall be assessed by the Social Services Clinician. A charge of possession of drug paraphernalia was dismissed.
* Sentencing was held in the case of Commonwealth vs. William Eric Stearns, pursuant to an agreement reached on September 5.
The defendant entered a plea of guilty to failure to comply with sex offender registry 1st offense with a one year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence shall be probated for one year with supervision and he will receive credit for time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Michael Todd Ritchie.
The Commonwealth recommended that upon a plea of guilty to possession of a controlled substance 1st degree-1st offense (meth), the defendant shall receive a two year sentence, probated for five years with supervision, and the sentence to run consecutively with another indictment, with the defendant agreeing to extend his probationary period for five years.
Final sentencing is scheduled for November 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Tommy Claborn.
The Commonwealth recommended that upon a plea of guilty to possession of a controlled substance 1st degree-1st offense (meth), the defendant shall receive a three year sentence, probated for five years with supervision and be assessed by the Social Services Clinician.
Final sentencing is scheduled for November 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Archie Boykin.
The Commonwealth recommended dismissing the following charges: possession of a controlled substance 1st degree-1st offense (meth), and possession of drug paraphernalia and marijuana.
Upon a plea of guilty to trafficking in a controlled substance 1st degree-1st offense, the defendant shall receive a 10 year sentence, serve 100 days in jail, and an additional 120 days on home incarceration, with the balance probated for five years with supervision.
Final sentencing is scheduled for November 7.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Angela R. Albertson.
The Commonwealth recommended amending the charge of receiving stolen property (firearm) to receiving stolen property under $1,000. Upon a plea of guilty to the lesser charge, the defendant shall receive a 12 month sentence, probated for two years with supervision and pay $90 in restitution plus a five percent clerk’s fee.
A misdemeanor judgment was entered.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jason L. Murphy.
The Commonwealth recommended dismissing the charge of possession of drug paraphernalia and amending the charge of trafficking in marijuana over eight ounces to possession of marijuana.
Upon a plea of guilty to the lesser charge, the defendant shall receive a 12 month sentence, probated for two years with supervision and pay a $500 fine plus court cost.
A misdemeanor judgment was entered.
* During an arraignment proceeding, a plea agreement was reached in the case of Commonwealth vs. Tony Lee Mullins granting pretrial diversion.
The Commonwealth recommended dismissing several traffic related violation charges.
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 and enter and complete the Clinton County Drug Court Program.
* During an arraignment proceeding, a plea agreement was reached in the case of Commonwealth vs. Clifton Carter granting pretrial diversion.
The Commonwealth recommended that upon a plea of guilty to flagrant non-support, the defendant shall receive a three year sentence, pretrial diverted for five years, supervised. The defendant shall pay child support in the amount of $3,371.00 at $316 plus an additional $84 monthly in arrearage payment for $400 per month, due on the first day of each month.
* During a pretrial conference, in the case of Commonwealth vs. Luther D. Conner, due to the behavior and appearance of the defendant, the Court requested he be drug tested. The defendant was unable to perform the drug test, but admitted he would test positive for multiple substances. The defendant was found in contempt of court and sentenced to six months in jail with another pretrial conference scheduled for November 7.
The defendant is charged with possession of a controlled substance, convicted felon in possession of a handgun and possession of drug paraphernalia.
* During a motion to void pretrial diversion, in the case of Commonwealth vs. Felicia Hall, charged with criminal possession of a forged prescription 1st offense, the court determined the defendant had violated terms and conditions of diversion and voided same.
Final sentencing is scheduled for November 7.
* During scheduled sentencing in the case of Commonwealth vs. Jason Dewayne Taylor, sentencing in the matter was continued to November 7.
The defendant is charged with disorderly conduct 2nd degree, possession of drug paraphernalia possession of a controlled substance 1st degree-1st offense (meth), and traffiking in a controlled substance, 1st degree, 1st offense.
* During scheduled sentencing in the case of Gregory Goodman, sentencing was continued to November 7.
The defendant is charged with leaving the scene of an accident/failure to render aid or assistance, wanton endangerment 1st degree, assault 2nd degree, DUI, failure to maintain insurance and 1st degree criminal mischief.
* During a motion to revoke probation in the case of Commonwealth vs. Jonathan Stuber, charged with possession of a controlled substance 1st degree, trafficking in a controlled substance 1st degree, 1st offense (meth) and 1st degree persistent felony offender, in lieu of revocation, the court ordered the defendant to enter and complete long-term treatment.
* During a motion to revoke probation in the case of Commonwealth vs. Candie Stuber, charged with possession of a controlled substance 1st degree and trafficking in a controlled substance 1st degree, 1st offense (meth), in lieu of revocation, the court ordered the defendant to enter and complete long-term treatment.
* During a motion to void pretrial diversion, in the case of Commonwealth vs. Michael Todd Ritchie, charged with wanton endangerment 1st degree, in lieu of revocation, the court ordered the defendant to enter and complete the Clinton County Drug Court Program, with the defendant agreeing to have his probation extended for five years.
* During a motion to revoke probation in the case of Commonwealth vs. Anthony Richardson, charged with possession of a controlled substance 1st degree, 1st offense trafficking in a controlled substance 1st degree, 1st (meth), et al, in lieu of revocation, the court ordered the defendant enter and complete the Clinton County Drug Court Program.
Some other defendants appeared for arraignment, waiving formal proceedings and having future pretrial conference dates set. Other cases were continued for various reasons.