Williams presides over first session of Circuit Court in Clinton last Monday

Posted November 14, 2012 at 2:45 pm

The first of two monthly sessions of Clinton Circuit Court was conducted last Monday, November 5 and was the first time in the local court that newly appointed 40th Judicial Circuit Judge David L. Williams presided over the docket in Clinton County.

Several cases were brought before the court last week and the following are cases in which some type of resolutions were made, either through formal sentencing, plea agreements reached, trial proceedings scheduled, etc.

* Final sentencing was held in the case of Commonwealth vs. Allen Keith Booher.

Pursuant to the agreement effectuated on September 17, the defendant pled guilty to assault-second degree with a five year sentence imposed. He will receive credit for time served to be determined by the Kentucky Department of Corrections and a charge of persistent felony offender-second degree, was dismissed.

* Sentencing was held in the case of Commonwealth vs. Richard Luttrell, pursuant to an agreement effectuated on September 17.

The defendant pled guilty to second degree burglary and second degree assault, with a 10-year sentence imposed on each count to run concurrent for a total of 10 years. Pursuant to the Commonwealth’s recommendation, the defendant will serve nine months with the balance of the sentence probated for five years with supervision and he will receive credit for time served to be determined by the Kentucky Department of Corrections.

Further, charges of persistent felony offender-second degree (two counts) and third degree assault were dismissed.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Shaun P. Brodbeck.

Under terms of the plea, the defendant would plead guilty to manufacturing methamphetamine with a 10-year sentence, to serve six months and the balance probated for five years with supervision. He will also be assessed by Social Services Clinicians.

Further, under terms of the plea, charges of possession of a controlled substance-first degree (meth); possession of a meth precursor and possession of drug paraphernalia would be dismissed.

Final sentencing was scheduled for December 3.

* A plea agreement was reached in the case of Commonwealth vs. Shannon Harold.

The Commonwealth recommended amending the charges of theft by unlawful taking over $10,000 to complicity to theft by unlawful taking over $500, with the defendant to receive a five year sentence each on the amended charges (two counts) to run concurrent for five years. The defendant will serve 60 days in jail and pay restitution, jointly and severally with a co-defendant, in the amount of $1,340.00.

Under terms of the agreement, two counts of second degree persistent felony offender would be dismissed and final sentencing was set for December 3.

* Final sentencing was held in the case of Commonwealth vs. Steven Waid, pursuant to an agreement effectuated on September 17.

The defendant entered a guilty plea to complicity to theft by unlawful taking over $500 and persistent felony offender second degree with a seven and one-half year sentence imposed. Also, guilty to complicity to theft by unlawful taking over $500 and persistent felony offender second degree under a separate indictment, with a two year sentence, each to run concurrent for seven and one-half years.

Pursuant to the recommendation of the Commonwealth, the defendant shall serve 120 days home incarceration with the balance of the sentence probated for five years with supervision and will pay restitution, severally and jointly with a co-defendant, in the amount of $1,340.

Under terms of the plea, the following charges were dismissed: criminal mischief third degree (two counts.)

* Sentencing was held in the case of Commonwealth vs. Nathaniel Johnson, pursuant to an agreement effectuated on October 1.

The defendant entered a guilty plea to theft by unlawful taking over $500 with a two year sentence imposed and possession of a forged instrument second degree (two counts) with a two-year sentence on each charge, all to run concurrent for a total of two years.

The defendant will receive credit for time served as to be determined by the Kentucky Department of Corrections and charges of criminal mischief second degree and burglary second degree were dismissed.

* A plea agreement was reached in the case of Commonwealth vs. David Vitatoe.

The defendant entered a guilty plea to flagrant nonsupport with a sentence recommendation of five years, probated with supervision.

Final sentencing was scheduled for December 3.

* In the case of Commonwealth vs. Lisa York, charged with trafficking in a controlled substance first offense and persistent felony offender second degree, the defendant acknowledged she had violated the terms of her probation.

The court will hold the revocation of the defendant’s probation in abeyance for 60 days and the case was continued to January 7, 2013.

* During an arraignment in the case of Commonwealth vs. Kristina M. Hall, charges of criminal possession of a forged instrument second degree, forgery second degree and theft of identity were dismissed without prejudice.

Several other cases were brought before the court last Monday. Some defendants appeared for arraignment, entering not guilty pleas and having future court dates set. Several other cases were continued for various reasons.