November term of Clinton Circuit Court conducted last Monday

Posted November 28, 2012 at 3:34 pm

A second monthly term of Clinton Circuit Court was conducted last Monday, November 20 with Circuit Judge David L. Williams presiding.

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. James Brian Abston, pursuant to a plea agreement effectuated on September 5.

The defendant entered a guilty plea to a charge of theft by unlawful taking or disposition over $10,000 with a five-year sentence imposed. He will receive credit for time served to be determined by the Kentucky Department of Corrections. Further, charges of criminal mischief second degree and persistent felony offender second degree were dismissed.

* A plea agreement was reached in the case of Commonwealth vs. Thomas R. Johnson.

Upon a plea of guilty to one count of first degree wanton endangerment, the defendant would receive a three-year sentence, probated for three years and on a plea of guilty to operating a motor vehicle while under the influence, first offense, he would pay a $200 fine plus $555 in court costs for a total of $755.00. His probation will be supervised and he is to pay restitution in the amount of $1,151.00.

Under terms of the plea, two first degree wanton endangerment charges, failure to maintain insurance and operating on a suspended or revoked license would be dismissed.

* In the case of Commonwealth vs. Cody H. Owens, originally charged with criminal trespass second degree, theft by unlawful taking and burglary, a reciprocal discovery order was entered. The court ordered the defendant drug tested and the test was positive for meth, benzos, and opiates. The court ordered the defendant taken into custody. He was to be released once home incarceration was set up, shall not operate a motor vehicle and pay for the blood sample taken.

* A trial date of February 26, 2013 was scheduled for James Earl Brumley, III, charged with theft by unlawful taking, with a pretrial conference December 17 and a motion for bond reduction was overruled.

* In the case of Commonwealth vs. Jimmy Smith, charged with receiving stolen property under $10,000, in lieu of revocation the defendant shall enter and complete the Clinton County Drug Court and he was released from custody.

* During an arraignment proceeding in the case of Commonwealth vs. Frankie Booher, Jr., it was noted the defendant had fully paid his child support and an order was entered November 7 dismissing the case against him without prejudice.

Some other cases were brought before the court last week. Some defendants entered not guilty pleas with future court dates being scheduled and other cases were continued for various reasons.