A spring 2013 trial date has been scheduled in the case of two local brothers charged in connection with the murder of another local man this past fall.
During arraignment in Clinton Circuit Court last Monday, December 17, Clinton Circuit Judge David L. Williams set aside a three-day trial, April 10-12, 2013, for Phillip Roberts, 33, and Thomas Aaron Roberts, 38, who are charged in relation to the murder of Frank Perdue. Phillip Roberts also faces charges of second degree persistent felony offender.
Perdue, 73, was killed at his residence on or about September 20 of this year and the two brothers, after warrants for their arrests had been issued, surrendered themselves to authorities the day after the victim’s body was discovered.
According to information released during the investigation, Perdue died of blunt force trauma to the head, neck and chest area and multiple stab wounds, according to preliminary autopsy results from the State Medical Examiner’s Office.
Both Phillip and Thomas Roberts were indicted by a Clinton County Grand Jury in November.
During proceedings last week, according to court records, the defendants appeared with counsel, attorney Bethany Catron, and waived formal arraignment and entered a plea of not guilty. A pretrial conference was scheduled for both defendants for March 18, 2013.
During the proceedings, an order consolidating the case was entered, as well as a reciprocal discovery order. Also in the case against Phillip Roberts, an order was to be entered regarding preserving the defendant’s truck that was towed and motions for bond reduction for the defendants were overruled.
Several other cases were also on the docket in circuit court last week. The following are cases in which some type of resolution, such as sentencing, plea agreements, trial dates set, etc. were made:
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Anthony Ortkiese.
Upon a plea of guilty to wanton endangerment first degree the defendant would receive a five-year sentence and on a plea of guilty to fleeing or evading police, he would receive a five-year sentence, to run concurrent for five years to serve. A charge of receiving stolen property $10,000 would be dismissed.
Final sentencing was scheduled for January 22, 2013.
* A plea agreement was reached in the case of Commonwealth vs. Timothy Thompson.
Upon a plea of guilty to rape second degree (four counts), the defendant would receive a sentence of four years on each count to run concurrent for four years to serve.
Final sentencing was scheduled for February 4, 2013.
* Sentencing was held in the case of Commonwealth vs. Thomas R. Johnson, pursuant to a plea agreement effectuated on November 20.
Under terms of the plea, the defendant pled guilty to one count of first degree wanton endangerment with a three-year sentence imposed and guilty to operating a motor vehicle while under the influence first offense with a fine of $200 and $555 in court costs imposed for a total of $755.00. The three-year sentence would be probated for three years with supervision and the defendant agreed to enroll in the Clinton County Drug Court and pay restitution in the amount of $1,151.00.
In accordance with the plea agreement, charges of wanton endangerment (three counts), failure to maintain insurance and operating a motor vehicle on a revoked or suspended license for DUI second offense were dismissed.
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Henry Jackie Burchett.
The Commonwealth recommended that upon a plea of guilty to wanton endangerment first degree (three counts), the defendant would receive a sentence of three years on each count to run concurrent. The defendant would serve 30 days in jail and 150 days home incarceration with the balance probated for five years supervised and on a plea of guilty to operating a motor vehicle under the influence, first offense, he would receive a fine of $725.00.
The following charges would be dismissed: possession of open alcohol beverage container and possession of a controlled substance (meth).
* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Garrett Gene Gabbard.
Upon a plea of guilty to flagrant nonsupport, the defendant would receive a three-year sentence, probated for five years or until all arrearage is paid in full. The probation will be supervised.
* During a case review in the case of Commonwealth vs. Glenda Burchett, charged with second degree forgery, the defendant shall pay $100 per month toward the $1,200 fee.
* During a motion to revoke, in the case of Commonwealth vs. Kendall Beaty, charged with flagrant nonsupport, the defendant was not present and a warrant of arrest was issued.
* During arraignment, in the case of Commonwealth vs. Bobbi Carol Gibson Denning, charged with theft of identity, the defendant was not present and the Commonwealth will enter her into the NCIC.
* During a motion to revoke in the case of Commonwealth vs. Ricky Dewayne Jones, charged with theft by unlawful taking and persistent felony offender, the defendant was not present. A warrant of arrest had been previously issued.
* A trial date of January 8, 2013 was scheduled in the case of Commonwealth vs. Cody H. Owens, charged with criminal trespass second degree, theft by unlawful taking and burglary third degree.
* During arraignment in the case of Commonwealth vs. David Joe Johnson, charged with two counts of wanton endangerment first degree, DUI, possession of open alcohol container, DUI on a suspended license, improper registration, failure to maintain insurance, and criminal trespass second degree, the defendant entered a not guilty plea and the court scheduled a trial date for April 23, 2013 with a pretrial conference January 22, 2013.
* A trial date of January 8, 2013 was scheduled in the case of Commonwealth vs. Darrell Keith Murphy, charged with receiving stolen property under $10,000.
* A trial date of March 22, 2013 was scheduled in the case of Commonwealth vs. Timothy Stapp, charged with possession of a controlled substance first degree (meth) and possession of drug paraphernalia.
Several other cases were on the docket last week with cases being continued for various reasons and/or future pretrial conferences or other proceedings being scheduled.