Troxel pleads to reduced charge, Dyer seeks change of venue

Posted June 27, 2012 at 2:20 pm

A Clinton County man who was originally charged with murder faces 16 years in jail on two charges, following a plea of guilty to a lesser charge last Monday, June 18 in Clinton Circuit Court.

Anthony D. Troxel, at a pretrial conference last week, entered a plea of guilty to a lesser charge of manslaughter-2nd degree in connection with the shooting death of James Thomas Dyer, II, 31, of Albany, in an incident that occurred on the night of July 30, 2011 in the Seventy Six Community of Clinton County.

Dyer died as the result of injuries sustained from a single shot wound from a .20 gauge shotgun in an incident that occurred around 10:30 p.m. July 30 of last year. According to authorities, the victim and Troxel, then age 35, had been involved in an altercation prior to the shooting.

A Clinton County Grand Jury indicted Troxel on a charge of murder as well a first-degree wanton endangerment, violation of an EPO/DVO, convicted felon in possession of a firearm and two counts of persistent felony offender-2nd degree.

During the court proceeding last week, the Commonwealth recommended reducing the charge of murder to second degree manslaughter, with a 10-year sentence to serve. Further, the defendant pled guilty to possession of a firearm by a convicted felon and one count of second degree persistent felony offender. On the latter two charges, a six-year sentence to serve would be imposed to run consecutive for a total of 16 years.

Also in accordance with the plea agreement, charges of wanton endangerment-first degree, violation of a DVO and one count of second degree persistent felony offender would be dismissed.

Clinton Circuit Judge Eddie C. Lovelace has scheduled final sentencing for Troxel on August 1 at 9 a.m.

In an unrelated case involving a murder indictment, Ira Boles Dyer, III, through his defense counsel Angie Capps, also last Monday, filed a motion for change of venue in his trial, which is currently scheduled to begin October 2 in Clinton Circuit Court.

Dyer is charged with murder, as well as three counts of wanton endangerment and four counts of second degree felony offender following an April 17, 2011 vehicle wreck in which an elderly Clinton County woman was killed.

Judge Lovelace scheduled a hearing on the motion for a change in venue to be held in Circuit Court on Thursday, July 5 at 9 a.m.

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Other news from Clinton Circuit Court

Several other cases were also on the docket in Clinton Circuit Court on June 18. The following are cases in which some type of resolution was made and/or trial dates set.

* Sentencing was held in the case of Commonwealth vs. William Perdue, effectuated on May 21.

Under terms of the plea, the defendant pled guilty to possession of a controlled substance-second degree with a one-year sentence to serve, with jail time to be calculated by the Department of Corrections. However, the time served would exclude a six-month contempt of court sentence. Under terms of the plea, charges of possession of drug paraphernalia-second offense and second degree persistent felony offender were dismissed.

* During a pretrial conference in the case of Commonwealth vs. Ronnie Wright, a plea agreement was reached.

Under terms of the plea, upon a plea of guilty to receiving stolen property under $10,000 the defendant would receive a five year sentence and upon a guilty plea to engaging in organized crime-criminal syndicate, the defendant would receive a 15-year sentence, with him to serve six months with the balance probated for five years with supervision or until restitution in the amount of $7,000–jointly and severally, at a rate of $50 per month.

Under terms of the plea, charges of tampering with physical evidence and three counts of first degree persistent felony offender would be dismissed.

Final sentencing was scheduled for August 1.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Rhonda Wright.

Upon a plea of guilty to receiving stolen property under $10,000, the defendant would receive a sentence of five years, serve 30 days home incarceration with the balance of the sentence pretrial diverted for five years or until restitution is paid–jointly or severally–in the amount of $7,000. Under terms of the plea, charges of engaging in organized crime-criminal syndicate would be dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Wesley Stewart.

Upon a plea of guilty to receiving stolen property under $10,000, the defendant would receive a five-year sentence, serve 30 days home incarceration with the balance pretrial diverted for five years or until $7,000 in restitution–jointly and severally, is paid in full. Charges of engaging in organized crime-criminal syndicate and tampering with physical evidence would be dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Jimmy Smith.

Upon a plea of guilty to receiving stolen property under $10,000 the defendant would receive a sentence of three years, pretrial diverted for five years, supervised.

* During a pretrial conference in the case of Commonwealth vs. Buddy R. Longwell, a plea agreement was reached.

Upon a plea of guilty to criminal mischief-first degree, the defendant would receive a five-year sentence, probated for five years with supervision. He would serve 60 days on home incarceration and pay restitution in the amount of $3,165.80. Charges of leaving the scene of an accident/failure to render assistance would be dismissed.

Final sentencing is scheduled for August 1.

* During motion hour, in the case of Commonwealth vs. Melissa Lauderdale, a motion to revoke probation was sustained.

The defendant acknowledged that on October 19, 2009, she pled guilty to theft by unlawful taking over $300 and received a five-year sentence, probated for five years. Among conditions of probation was the defendant remain alcohol free and on May 26, 2011, she admitted to the use of benzodiazepine, klonopin and Lortab and on May 17, 2012 was administered a drug test, which was positive for the use of benzodiazepine and oxazepam and on June 5, tested positive for methamphetamine.

The court directed the probation granted be revoked and she will receive credit for time served, calculated by the Department of Corrections.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Michael Shawn Glidewell.

Upon a plea of guilty to flagrant nonsupport, the defendant would receive a four year sentence to serve and charges of persistent felony offender second degree would be dismissed.

Final sentencing has been scheduled for July 16.

* During motion hour, the court sustained a motion to revoke pretrial diversion in the case of Commonwealth vs. Carrie Burris Brooks.

The defendant acknowledged that on October 19, 2009, she entered a guilty plea to theft by unlawful taking over $300 and received a two-year sentence, pretrial diverted for three years. Under terms of the agreement, she was to remain drug and alcohol free.

The defendant acknowledged that on May 7 of this year, a urine sample tested positive for the use of benzodiazepine and oxazepam and on June 5, positive for methamphetamine.

The court directed pretrial diversion be revoked and scheduled final sentencing for July 16.

* During motion hour, the court sustained a motion to revoke pretrial diversion in the case of Commonwealth vs. Dora Beth Baise.

The defendant acknowledged that on September 19, 2011, she was sentenced to three years, pretrial diverted for three years, on a charge of tampering with physical evidence. A condition of the pretrial diversion, she was to enter and complete the Clinton County Drug Court Program. She acknowledged that on June 4, 2012, she was terminated from the program.

The court directed that the pretrial diversion be revoked and set final sentencing for July 16.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Anna Armstrong.

Upon a plea of guilty to receiving stolen property under $10,000, the defendant would receive a five-year sentence, pretrial diverted for five years or until restitution in the amount of $7,000, jointly and severally is paid in full. Under terms of the agreement charges of engaging in crime-criminal syndicate and tampering with physical evidence would be dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Matthew Denney.

Upon a plea of guilty to theft by unlawful taking or disposition (firearm), the defendant would receive a three-year sentence, pretrial diverted for five years with supervision and is to enroll in and complete the Clinton County Drug Court Program.

* During motion hour, in the case of Commonwealth vs. Jennifer Brunner, charged with theft by unlawful taking, in lieu of revocation, the defendant shall serve 45 days in jail and further find a suitable residence.

* During a pretrial conference, in the case of Commonwealth vs. Terry Joe Dial, charged with rape third degree and sodomy third degree, a trial date was scheduled for September 26 and a pretrial conference for September 5.

* During arraignment proceedings in the case of Commonwealth vs. Shannon Harold, charged with theft by unlawful taking, $10,000 or more and persistent felony offender second degree, the court sustained a motion by the Commonwealth to dismiss the persistent felony offender charge and scheduled a pretrial conference for August 20.

* During a pretrial conference, a trial date of September 26 was set in the case of Commonwealth vs. Richard Luttrell, charged with burglary second degree, assault second degree and persistent felony offender second degree. The court also set a pretrial conference date for September 5 and denied a defense motion for bond reduction due to the defendant’s criminal history.

Several other cases were brought before the court last week. Some were continued for various reasons, several motions were heard, some to be ruled on at a later date and other defendants appeared for arraignment purposes, entering not guilty pleas and having future pretrial conference dates scheduled.