The monthly session of Clinton Circuit Court was held on Thursday, May 8, with Circuit Judge David L. Williams presiding over the court calendar.
Several individuals appeared for arraignment proceedings, waiving formal arraignment, entering not guilty pleas and having pretrial conference dates scheduled.
Other cases on the docket were continued for various legal reasons.
The following are cases in which some type of final resolutions were made, including sentencing, plea agreements, rulings made on motions or trial dates being scheduled.
* Sentencing was held in the case of Commonwealth vs. Nathaniel Johnson, pursuant to a plea agreement effectuated on April 10.
The defendant entered a guilty to burglary 2nd degree with a five year sentence imposed. Further, guilty to theft by unlawful taking under $1,000 with a 12 month sentence.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for five years to serve. The Commonwealth opposed probation and the defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Christopher Caraway, pursuant to an agreement effectuated on March 6.
The defendant entered a plea of guilty to trafficking in a controlled substance 1st degree – 1st offense with a 10 year sentence imposed. The Commonwealth opposed probation.
Under terms of the plea, charges of possession of marijuana, criminal trespass 3rd degree, possession of drug paraphernalia and persistent felony offender 2nd degree were dismissed. The defendant shall receive credit for time served.
* Sentencing was held in the case of Commonwealth vs. Jimmy Poynter, pursuant to a plea agreement effectuated on April 10.
The defendant entered guilty pleas to four counts of wanton endangerment 1st degree with a four year sentence imposed on each count.
Pursuant to the recommendation of the Commonwealth, the sentences shall run concurrently for four years, probated for four years with supervision and the defendant is to enter and complete the Clinton County Drug Court Program, and pay $850 in restitution.
Under terms of the plea, charges of criminal mischief 1st degree, criminal trespass 3rd degree, leaving the scene of an accident/failure to render aid or assistance and five counts of persistent felony offender 2nd degree were dismissed. The defendant shall receive credit for time served.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jason Gayle Craig.
The Commonwealth recommended dismissing charges of fleeing or evading police 1st degree, operating a motor vehicle on suspended license for DUI, prohibited use of license, possession of controlled substance not in original container, failure to maintain insurance and 2nd degree persistent felony offender. And further, amending a charge of DUI aggravating circumstances 3rd offense to DUI 3rd offense.
Upon a plea of guilty to operating a motor vehicle under the influence 3rd offense (without aggravating circumstances), the defendant shall pay a $500 fine. Upon a plea of guilty to possession of a controlled substance 1st degree, 1st offense (meth), a three year sentence, and upon a plea of guilty to possession of a controlled substance 1st degree, drug unspecified, a three year sentence.
The two three year sentences would run concurrently for three years, probated for three years with supervision and the defendant is to enter and complete the Clinton County Drug Court Program.
Final sentencing is scheduled for June 18.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Virginia Marie Conner.
The Commonwealth recommended dismissing the charge of burglary 2nd degree.
Upon a plea of guilty to theft by unlawful taking or disposition over $10,000, the defendant shall receive a 10 year sentence, serve 180 days in jail with the balance probated for five years with supervision and pay restitution jointly and severally with Christopher Conner in the amount $6,200 at $250 per month.
Final sentencing is scheduled for June 18.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Christopher Ray Conner.
The Commonwealth recommended dismissing the charges of disorderly conduct 1st degree and resisting arrest, and further amending the charge of receiving stolen property over $10,000 to under $1,000.
Upon a plea of guilty to receiving stolen property over $1,000, the defendant shall receive a 12 month sentence, probated for two years without supervision and jointly and severally pay restitution along with Virginia Conner in the amount of $6,200 at $100 monthly.
A misdemeanor judgment was to be tendered.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. James V. Armstrong.
The Commonwealth recommended dismissing the charge of assault 2nd degree and further amending the charge of assault 1st degree to assault under extreme emotional disturbance.
Upon a plea of guilty to assault under extreme emotional disturbance, the defendant shall receive a five year sentence, probated for five years with supervision, not have any contact with the victim and pay restitution in the amount of $670.
Final sentencing is scheduled for June 18.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Dale Morris.
The Commonwealth recommended that upon a plea of guilty to flagrant nonsupport, the defendant shall receive a three year sentence, probated for five years with supervision and pay monthly child support payments in the amount of $273.76 plus a monthly arrearage of $100 for a total of $373.76 monthly.
Final sentencing is scheduled for June 18.
* During an arraignment proceeding, a plea agreement was reached in the case of Commonwealth vs. Brandi Cheyenne Scott, granting pretrial diversion.
The Commonwealth recommended upon a plea of guilty to possession of a controlled substance 1st degree, 1st offense (meth), the defendant shall receive a two year sentence, pretrial diverted for four years with supervision and be assessed by the Social Services Clinician.
* During a motion to void pretrial diversion, in the case of Commonwealth vs. Cody Smith, charged with assault 4th degree, wanton endangerment 1st degree, terroristic threatening 3rd degree and intimidating a participant in (a) legal process, the court determined the defendant had violated terms and conditions of pretrial diversion and voided same.
Final sentencing is scheduled for June 18.
* During a motion to revoke probation, in the case of Commonwealth vs. Bobby Hicks, charged with assault 4th degree and strangulation 2nd degree, the defendant acknowledged having violated terms and conditions of probation and same was revoked.
The defendant will receive credit for time served.
* During a motion to void pretrial diversion in the case of Commonwealth vs. Ashley McCusker Duvall, charged with DUI, and two counts of 1st degree wanton endangerment, the defendant acknowledged having violated terms and conditions of pretrial diversion and the court voided same.
Final sentencing is scheduled for June 18.
* During a motion to void pretrial diversion, in the case of Commonwealth vs. Tara Ayers, charged with trafficking in a controlled substance and possession of drug paraphernalia, in lieu of revocation, the Court ordered the defendant enter and complete the Clinton County Drug Court Program.
* During a pretrial conference, in the case of Commonwealth vs. Larry Thompson, charged with burglary 2nd degree, receiving stolen property over $1,000, and theft by unlawful taking over $1,000, and persistent felony offender, a trial date was scheduled for June 4 at 9 a.m.
* During a pretrial conference, in the case of Commonwealth vs. Michael Lykins, charged with assault 1st degree, a trial date was scheduled for June 25 at 9 a.m.
* During a motion to revoke probation, in the case of Commonwealth vs. Dylan Murphy, charged with four counts of wanton endangerment 1st degree, the defendant did not appear. An warrant of arrest had previously been issued.
* During a motion to revoke probation, in the case of Commonwealth vs. James K. McAninch, charged with wanton endangerment 1st degree (discharge of a firearm), the defendant did not appear. A warrant of arrest had previously been issued.
* During pretrial conference, in the case of Commonwealth vs. Michael Keith, charged with receiving stolen property over $10,000, arson 2nd degree, et al, the defendant did not appear and a warrant of arrest was issued.