A local man charged with murder will have a competency hearing and another man, originally charged with cultivating marijuana in a separate case, has been found not guilty by a Clinton County Circuit Court Jury.

During a one-day trial held Friday, February 17, a jury deliberated only a short period of time before returning a not guilty verdict in the case against Jeffery Clark. He had originally been indicted on a charge of cultivating marijuana over five plants-first offense.

After hearing testimony and seeing exhibits in the case and receiving instructions from Circuit Judge Eddie C. Lovelace, the jury heard summations and after deliberations, returned a not guilty verdict in the case.

Clark was represented at trial by Attorney Angie Capps.

On Monday, February 20, during a heavier than usual term of Circuit Court, during motion hour, the court released the Department of Public Advocacy as counsel for Ira Boles Dyer, III. He is now being represented by Attorney Charlie Pharis.

The court set a competency hearing in Dyer’s case for March 20 at 9 a.m.

The defendant is charged with murder in relation to an automobile accident last spring that claimed the life of a Clinton County woman and caused injury to others. He also faces three counts of wanton endangerment and four counts of persistent felony offender. The hearing will determine his competency to stand trial on the charges.

A host of other cases were heard last Monday and the following are cases in which some type of resolutions were reached or trial dates set:

* Sentencing was held in the case of Commonwealth vs. Matthew Shelton, pursuant to a plea agreement reached on January 19.

The defendant pled guilty to possession of a handgun by a convicted felon with a five-year sentence imposed, to run consecutive with another sentence already imposed under a separate indictment. Also, pursuant to the agreement, the following charges were dismissed: wanton endangerment-first degree (two counts); operating a motor vehicle under the influence; persistent felony offender-second degree; (two counts); and, possession or use of radio capable of sending or receiving police messages.

* Sentencing was held in the case of Commonwealth vs. Steven Dewayne Posey, pursuant to a plea agreement reached on January 17.

The defendant pled guilty to marijuana cultivation-five or more plants, with a two-year sentence imposed, to be probated for two years with supervision.

* Sentencing was held in the case of Commonwealth vs. Mark Melton, pursuant to an agreement reached on January 26.

The defendant pled guilty to manufacturing methamphetamine with a 10-year sentence imposed. Under terms of the plea, charges of marijuana cultivation and possession of drug paraphernalia were dismissed.

* Sentencing was held in the case of Commonwealth vs. Scotty Massengale, pursuant to a plea agreement reached on January 17.

The defendant pled guilty to manufacturing methamphetamine with a 10-year sentence imposed. Under terms of the agreement, charges of controlled substance endangerment to a child-fourth degree, possession of drug paraphernalia; possession of a controlled substance and persistent felony offender-first degree (three counts) were dismissed.

* Sentencing was held in the case of Commonwealth vs. Michael Massengale, pursuant to a plea agreement reached on January 17.

The defendant pled guilty to flagrant nonsupport with a five-year sentence imposed.

* During motion hour, in the case of Commonwealth vs. Jamie Herald, a plea agreement was reached.

Under terms of the plea, the defendant would plead guilty to the amended charge of criminal attempt to manufacture methamphetamine with a seven year sentence to serve. The following charges would be dismissed: possession of a controlled substance-first degree (meth).

Final sentencing was scheduled for March 19.

* Sentencing was held in the case of Amiee Duvall, pursuant to a Commonwealth motion to revoke pretrial diversion.

On May 4, 2010, the defendant pled guilty to criminal possession of a forged instrument-second degree (two counts), with a two-year sentence, pre-trial diverted for four years, being imposed. She was to serve 90 days home incarceration and pay $115 in restitution.

As a condition of her diversion, she was to enter and complete the Clinton County Drug Court Program but was terminated from that program on October 18, 2011. The court sustained the motion to revoke pre-trial diversion and pronounced the two-year sentence.

* During a pretrial conference in the case of Commonwealth vs. Emma Kisha Comstock, charged with possession of a forged instrument (three counts) and two counts of criminal trespass, the court wrote that based on the appearance and demeanor of the defendant, the court requested she be drug tested. The defendant tested positive for methamphetamine, opiates, benzodiazepines and marijuana.

The court found the defendant in contempt of court and sentenced her to six months in jail and granted the request to have the person who posted bond to be released from said bond.

* During motion hour in the case of Commonwealth vs. Leah A. Claborn, charged with manufacturing meth and possession of a meth precursor, the court relieved Attorney Angie Capps as counsel and Attorney George G. Bertram is now representing the defendant. The court also overruled a motion by the defense for his client to be released on bond to attend a rehabilitation center, writing she was a danger to herself and to the community.

* During a hearing in the case of Commonwealth vs. Michael David Hatcher, charged with disorderly conduct, resisting arrest, DUI, assault-third (police officer) and reckless driving, the court refused to accept a proposed plea agreement at this time and continued the case to March 19.

* During a pretrial conference in the case of Commonwealth vs. Charlie Kay York, charged with second degree burglary, first degree criminal mischief and two counts of persistent felony offender, the court informed the parties it would decline to accept the proposed plea agreement and set the case for review on March 19.

* During a pretrial conference in the case of Commonwealth vs. Bradley Wells, charged with sexual abuse-first degree, victim under 12, the Commonwealth, after reviewing evidence, does not believe the evidence is sufficient to go forward, thus the case was dismissed without prejudice.

* During a pretrial conference in the case of Commonwealth vs. Ronda Sue Graves, charged with flagrant nonsupport, if $5,000 was paid on the arrearage within seven days, the case was to be dismissed.

* During a review in the case of Commonwealth vs. Carolyn Gunter, charged with three counts of possession of a forged instrument-second degree, there was no objection to the case being diverted/dismissed and an order to that affect was tendered.

* During motion hour, in the case of Commonwealth vs. Terry Brandon Ferguson, charged with cultivation of marijuana, five or more plants, the Commonwealth had no objection to the defense motion to dismiss the case and an order to that affect was tendered.

Several other cases were presented last Monday, several involving the destruction of seized property in criminal cases. Also, some defendants appeared for arraignment, entered not guilty pleas and had future court dates scheduled, while other cases were continued generally for various reasons.