July term of Clinton Circuit Court held Monday

Posted July 18, 2012 at 2:20 pm

A session of Clinton Circuit Court was conducted Monday of this week, July 16 with Judge Eddie C. Lovelace presiding. There were also a revocation hearing held on June 26 and a jury trial last Wednesday, July 11.

The following are cases in which some type of final resolutions was made and/or trial dates scheduled.

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

The Commonwealth recommended dismissing the following charges: criminal mischief-1st degree, fleeing or evading police-1st degree (2 counts), reckless driving, operating a motor vehicle with expired operator’s license, giving a peace officer a false name and wanton endangerment-1st degree (2 counts.)

Upon a plea of guilty to wanton endangerment-1st degree, two counts, the defendant would receive a three-year sentence to run concurrent for a total of three years. Further, upon a plea of guilty to theft by unlawful taking over $500, the defendant would receive a three-year sentence, to run consecutive with the other three-year sentence for a total of six years.

Final sentencing has been set for August 20.

* During a pretrial conference in the case of Commonwealth vs. Michael Shawn Glidewell, sentencing was held pursuant to a plea agreement effectuated on June 18. The defendant pled guilty to flagrant nonsupport with a sentence of four years imposed. He will receive credit for any time served, as determined by the Department of Corrections and the charge of persistent felony offender was dismissed.

* A revocation hearing was held in the case of Commonwealth vs. Terry Lynn Marcum, pursuant to a motion by the Commonwealth to revoke probation.

After evidence was presented, the court found, in part, that on October 4, 2011, the judgment and sentence on plea of not guilty (jury trial) was entered in this case for the charge of sexual abuse-1st degree, victim under 12 years of age. The defendant was sentenced to three years, probated for five years with supervision.

The court found that on October 19, the defendant signed the conditions of probation which included successful completion of a sex offender program, not have contact with minors under 18, no contact with the victim and not to be present at any parks, playgrounds or public swimming pools.

The court further found that on April 27, the defendant made contact with his children, one of whom is the victim in this case; on April 28 was at a campsite that had numerous children present and he was in direct contact with a female child who was 19 months of age; and on April 30, he was terminated from the sex offender treatment program due to unauthorized contact with minors.

The court concluded the defendant had violated terms of his probation and pronounced the balance of the three-year sentence, with the defendant to receive credit for any time served as determined by the Department of Corrections.

* Sentencing was held in the case of Commonwealth vs. Dora Beth Baise, pursuant to a Commonwealth motion to revoke pretrial diversion, this having been effectuated on June 18.

The defendant acknowledged that on September 19, 2011, she was given a sentence of three years, pretrial diverted for three years, on the charge of tampering with physical evidence. As a part of the pretrial diversion, she was to enter and complete the Clinton County Drug Court Program, but was terminated from the program on June 4 of this year.

The court revoked pretrial diversion and pronounced the three year sentence, with credit for any time served to be calculated by the Department of Corrections.

* Sentencing was held in the case of Commonwealth vs. Carrie Burris Brooks, pursuant to a motion by the Commonwealth to revoke pretrial diversion, having been effectuated on June 18.

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

The defendant further acknowledged that on May 7, 2012, a drug test was inconclusive, and a urine sample was collected and on May 17, tested positive for benzodiazepine and oxazepam and on June 5, tested positive for methamphetamine.

The court revoked pretrial diversion and pronounced the two-year sentence, with credit for any time served to be determined by the Department of Corrections.

* A jury trial was conducted last Wednesday, July 11 in the case of Commonwealth vs. Keith Edward Smith.

The defendant was represented by Attorney Stephen Poindexter and the Commonwealth was represented by Jessie Stockton, Jr.

Following testimony, viewed exhibits, summations and jury instruction, the jury determined the defendant was not guilty on all charges, which included manufacturing meth, first offense; possession of a meth precursor, first offense; and possession of a controlled substance (meth), first degree. An order dismissing the charges was to be tendered.

* During a pretrial conference, a trial date of October 10 was scheduled in the case of Commonwealth vs. Henry Jackie Burchett, charged with four counts of wanton endangerment and one count each of leaving the scene of an accident and receiving stolen property under $10,000.

* In the case of Commonwealth vs. Aimee Andree, charged with two counts of custodial interference, the defendant is located in Michigan and is not waiving extradition. A governor’s warrant is to be obtained.

* In the case of Commonwealth vs. Billie Jean Carpenter, originally charged with theft by unlawful taking over $300, the pretrial diversion was dismissed with an order to be tendered.

* During motion hour, in a Cumberland County case conducted Monday in Clinton County in the case of Commonwealth vs. Carl Spears, charged with two counts of murder and tampering with physical evidence, the court allowed the case to proceed and if necessary leave the Commonwealth’s case open until a witness can appear. The defendant was given until August 1 to turn himself in to authorities.

Several other cases were presented in Circuit Court on Monday. Several cases were set for pretrial conferences, some were continued for various reasons and some defendants appeared for arraignment on charges, all entering not guilty pleas and having future court dates set.