A local man awaiting trial on a murder charge in relation to a vehicle accident in the spring of 2011 was arraigned on a later, lesser charge in relation to the same incident last week in Clinton Circuit Court before Special Judge Steve Hurt.
Ira Boles Dyer, III, who was originally indicted last summer on a charge of murder and multiple counts of wanton endangerment and persistent felony offender following an April 2011 wreck that resulted in the death of an elderly Clinton County woman, was arraigned on a charge of DUI. The charge was filed several months after the incident following an apparent investigation and laboratory work conducted by the Kentucky State Police.
During the term of Circuit Court last Monday, October 22, the court also sustained a motion to withdraw Charlie Pharis as Dyer’s attorney and was determined eligible for the services of the Department of Public Advocacy.
Attorney Angie Capps of the public defendant’s office was appointed to represent the defendant at arraignment and during a pretrial conference, in which all the charges–including the latest DUI indictment–were ordered to be combined.
A specific trial date is not yet set but another pretrial conference in the case was scheduled for December 3 at 9 a.m.
Several other cases were on the court docket last week and the following are those in which some type of resolution was reached and/or trial dates scheduled:
* Sentencing was held in the case of Commonwealth vs. Ricky Dewayne Jones, pursuant to a plea agreement reached on September 5.
The defendant entered a guilty plea to theft by unlawful taking over $500 and persistent felony offender-second degree, with a seven and one-half year sentence imposed, probated for five years with supervision.
* Sentencing was held in the case of Commonwealth vs. Indika Sears, pursuant to an agreement effectuated on September 7.
The defendant pled guilty to promoting contraband-first degree with a two-year sentence imposed, probated for an additional five years supervised. Under terms of the plea, charges of possession of drug paraphernalia, escape-second degree, possession of a controlled substance-first degree and carrying a concealed deadly weapon were dismissed.
* During a pretrial conference, a trial date of February 19, 2013 was scheduled in the case of Commonwealth vs. Paulette Wilson, charged with tampering with physical evidence and theft by unlawful taking.
* During a pretrial conference, a trial date of January 8, 2013 was scheduled in the case of Commonwealth vs. Cody H. Owens, charged with theft by unlawful taking over $300.
* During a pretrial conference, a trial date of February 26, 2013 was scheduled in the case of Commonwealth vs. James Earl Brumley, III, charged with theft by unlawful taking and second degree burglary.
* During a revocation hearing in the case of Commonwealth vs. Randall Wilkinson, Jr., the court determined the defendant would be assessed for eligibility regarding Drug Court and the motion to revoke is to be renoticed on November 5.
* During a pretrial conference in the case of Commonwealth vs. David Harding, charged with flagrant nonsupport, in lieu of revocation, the defendant shall enter and complete the Clinton County Drug Court Program.
* During motion hour, the court sustained a motion to dismiss charges of tampering with physical evidence and theft by unlawful taking under $300 against Jeffery L. Cadaret.
* During motion hour, in the case of Commonwealth vs. Shelley Lynn Scott, charged with manufacturing meth, multiple counts of persistent felony offender and other charges, the court overruled a defense motion for shock probation.
Several other cases were brought before the court last week, with many being continued for various reasons, while some defendants appeared for arraignment, entering no guilty pleas and having future court dates scheduled.
Beginning this Friday, November 2, the 40th Judicial Circuit, including Clinton, Cumberland and Monroe counties, will have a permanent Circuit Judge with last week’s appointment of David L. Williams of Burkesville to fill out the unexpired term of the late Judge Eddie C. Lovelace. (A separate article on Williams’ appointment can be found beginning on page 1.)