The Clinton County Grand Jury convened last Monday, March 19 and named only one individual in a two-count indictment that was handed down in open Circuit Court.

The grand jury alleged that on or about February 3, Allen K. Booher committed the offense of assault second degree when he intentionally caused physical injury by means of a deadly weapon or a dangerous instrument…to Ashley Polston Booher…when he kicked her with his steel-toed boots, choked her and struck her with his fists.

A separate indictment charged Booher with persistent felony offender second degree when he committed the aforementioned offense after having been stood convicted of a prior felony offense within the past five years.

(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.)

A term of Clinton Circuit Court was also conducted last Monday, March 19 with Circuit Judge Eddie C. Lovelace presiding over several cases.

The following are cases in which some type of resolutions were reached and/or trial dates set.

* Sentencing was held in the case of Commonwealth vs. Jamie Herald, pursuant to a plea agreement reached on February 10.

Under terms of the agreement, the defendant pled guilty to criminal attempt to manufacture methamphetamine, with a seven-year sentence being imposed. The defendant shall receive credit for any jail time served as to be determined by the Department of Corrections and a charge of possession of a controlled substance first degree (meth) was dismissed.

* Sentencing was held in the case of Commonwealth vs. Scott A. Hall, pursuant to an agreement reached on March 5.

Under terms of the plea, the defendant pled guilty to failure to comply with sex offender registry and a sentence of five years was imposed. The defendant shall receive credit for any jail time served to be calculated by the Department of Corrections and a charge of receiving stolen property, $10,000 or more, was dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Charlie Kay York.

Under terms of the agreement, the Commonwealth recommended that a charge of burglary second degree be amended to third degree and upon a plea of guilty to burglary third degree and persistent felony offender second degree, the defendant would receive a six-year sentence, probated for five years with supervision and the defendant would pay restitution in the amount of $1,000. One charge of persistent felony offender second degree and criminal mischief first degree would be dismissed.

Commonwealth Attorney Jesse Stockton stated he made these recommendations due to issues contacting one of the prosecuting witnesses and the young age of the other witness.

Final sentencing has been scheduled for April 16.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jeffery Lynn Mason.

Upon a plea of guilty to receiving stolen property, the defendant would receive a five-year sentence, probated for five years with supervision. He shall be assessed and referred to the Clinton County Drug Court Program and if accepted, the program shall be completed. If not accepted, the defendant would be supervised by probation and parole and meet with the Social Services Clinician for substance abuse assessment.

Final sentencing was scheduled for April 16.

* During a pretrial conference in the case of Commonwealth vs. Jennifer Lynn Crabtree, a plea agreement was reached.

The Commonwealth recommended the charge of abuse of public trust KRS 552.050(3)(b) be amended to KRS 552.050(3)(a) and upon a plea of guilty to the amended charge, the defendant would receive a three-year sentence, serve 90 days home incarceration, with the balance pretrial diverted for three years with supervision. The defendant shall have work release during home incarceration and agrees to pay restitution in the amount of $19,398.84 to the Department of Child Support Enforcement within 30 days from the entry of the plea.

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

Upon a plea of guilty to one count of theft by unlawful taking, the defendant would receive a two-year sentence, pretrial diverted for two years or until restitution is paid in full in the amount of $1,345.50, with payments to begin within 60 days from date of entry of plea. Further, one count of theft by unlawful taking over $500 would be dismissed.

* During motion hour in the case of Commonwealth vs. Tommy Claborn, originally charged with criminal mischief first degree and persistent felony offender second degree, the defendant stipulated he has not paid money owed and that he gave a Clinton County address to law enforcement. In lieu of revocation, the parties agreed that the defendant shall serve 90 days. The Commonwealth reserved the right to file an additional motion to revoke, pending the outcome of the defendant’s current district court cases.

* During motion hour, in the case of Commonwealth vs. Edward E. Daley, charged with five counts of wanton endangerment first degree, a motion was sustained designating the charges be dismissed/diverted with prejudice.

* During motion hour in the case of Commonwealth vs. David Harding, charged with flagrant nonsupport, in lieu of revocation, the defendant shall pay $2,000 within 10 days and shall be assessed for eligibility for Drug Court. He was to be released when the $2,000 was paid and the case was continued to April 2.

* During a hearing in the case of Commonwealth vs. Michael David Hatcher, charged with disorderly conduct second degree, resisting arrest, alcohol intoxication, assault third degree (police/probation officer) and reckless driving, the court informed the parties it would not accept the proposed plea agreement and scheduled a trial date in the case for May 2.

* During a pretrial conference in the case of Commonwealth vs. Flinton Ray Thacker, charged with theft by unlawful taking and promoting contraband first degree, a trial date was scheduled for April 16 for entry of a plea.

* During a pretrial conference in the case of Commonwealth vs. Keith Edward Smith, charged with manufacturing meth first offense, possession of a meth precursor first offense and possession of a controlled substance (meth) first degree, a trial date of July 11 was scheduled.

Several other cases were heard last Monday, with some defendants being arraigned, entering not guilty pleas and having pretrial conferences scheduled. Other cases were continued for various reasons.