Several cases dealt with in recent Clinton Circuit Court session

Posted January 30, 2013 at 3:21 pm

A busy early year term of Clinton Circuit Court was conducted last Tuesday, January 22 with Circuit Judge David L. Williams presiding over several cases that were on the docket. Some defendants received formal sentencing, others reached plea agreements and several trial and pretrial conference dates were scheduled during the session.

The following are cases in which some type of resolutions were reached, final ruling made and/or trial dates set in upcoming cases:

* Sentencing was held in the case of Commonwealth vs. Anthony Ortkiese, pursuant to a plea agreement reached on December 17, 2012.

The defendant pled guilty to first degree wanton endangerment with a five year sentence imposed; guilty to fleeing or evading police first degree with a five year sentence. Pursuant to the recommendation of the Commonwealth, the two five-year sentences will run concurrent for a total of five years and charges of receiving stolen property $10,000 or more were dismissed. The defendant will receive credit for time served, to be determined by the Department of Corrections.

* A plea agreement was reached in the case of Commonwealth vs. James Earl Brumley, III.

Upon a plea of guilty to theft by unlawful taking (seven separate indictments) the defendant would receive a one-year sentence on each count and a one-year sentence of burglary third degree (two counts), a one-year sentence, to run consecutively for a total of eight years.

Final sentencing was scheduled for February 18.

* Sentencing was held in the case of Commonwealth vs. Garrett Gene Gabbard, pursuant to an agreement reached on December 17, 2012.

The defendant entered a plea of guilty to flagrant nonsupport with a three-year sentence imposed, probated for five years or until arrearage is paid in full. The probation will be unsupervised.

* Sentencing was held in the case of Commonwealth vs. Brian A. Speck, pursuant to an agreement effectuated on December 14, 2012.

The defendant pled guilty to promoting contraband first degree with a five year sentence imposed, probated for five years with supervision and a charge of second degree persistent felony offender was dismissed.

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

The Commonwealth recommended amending the charge of theft by unlawful taking over $500 to under $300, with a 12-month sentence on the lesser charge, probated for 12 months unsupervised with the defendant agreeing to pay $1,500 in restitution.

* During arraignment, in the case of Commonwealth vs. Jonathon A. Stuber, charged with possession of a meth precurser, possession of a controlled substance (meth), and manufacturing methamphetamine, the defendant entered a not guilty plea and the court set a pretrial conference for May 20 and a trial date for June 7.

* During arraignment, in the case of Commonwealth vs. William Matthew Reynolds, charged with complicity to burglary second degree, the defendant entered a plea of not guilty and the court set a pretrial conference for May 20 and a trial date for June 13.

* During arraignment in the case of Commonwealth vs. Gabrielle Nicole Guthrie, charged with second degree complicity to burglary, the defendant entered a not guilty plea and the court set a pretrial conference for May 20 and a trial date for June 13.

* During a pretrial conferençe, a plea agreement was reached in the case of Commonwealth vs. Jose Guerrero.

The Commonwealth recommended that upon a plea of guilty to flagrant nonsupport, the defendant would receive a four-year sentence, pretrial diverted for five years or until all arrearage is paid in full. The pretrial diversion will be unsupervised.

* During arraignment, in the case of Commonwealth vs. David E. Faught, charged with receiving stolen property under $10,000; obscuring the identify of a machine (two counts) and possession of a meth precurser, the defendant entered a not guilty plea and the court scheduled a pretrial conference for May 20 and set a trial date for June 20.

* During arraignment in the case of Commonwealth vs. Tonya J. Conatser, charged with complicity to burglary second degree, the defendant entered a plea of not guilty and the court scheduled a pretrial conference for May 20 and a trial date for June 13.

* During a pretrial conference in the case of Commonwealth vs. Mitchell Dale Comstock, charged with flagrant nonsupport, a pretrial conference was rescheduled for February 18 and a trial date set for February 27.

* During arraignment, in the case of Commonwealth vs. Jeffery Clark, charged with flagrant nonsupport, the defendant entered a plea of not guilty and the court scheduled a pretrial conference for February 18 and a trial date for February 27.

* During arraignment in the case of Commonwealth vs. Cindy Gail Brummett, charged with failure to maintain insurance, DUI, possession of a controlled substance (meth and possession of drug paraphernalia, the defendant entered a plea of not guilty and the court scheduled a pretrial conference for May 6 and set a trial date for May 21.

* During a pretrial conference, in the case of Commonwealth vs. Connie Shelton, the court sustained a motion to dismiss the charge of theft by unlawful taking pursuant to a plea which was entered in another case.

* During a review, in the case of Commonwealth vs. Lisa York, charged with trafficking in a controlled substance and persistent felony offender second degree, in lieu of revocation of probation, the defendant will be assessed regarding eligibility for Drug Court.

Several other cases were on the docket and continued to a later date for various reasons.