Neal sentenced to 18 years on drug related charges

Posted March 3, 2011 at 2:47 pm

A local man was sentenced last week to 18 years in prison on drug related charges after having been found guilty on three counts by a Clinton Circuit Court jury during a trial held in January.

Clinton Circuit Judge Eddie C. Lovelace handed down the sentence last Monday, February 21 against Kenneth Joe Neal, age 32, who had been found guilty by a jury the previous month.

During the court proceeding, Judge Lovelace also overruled a defense motion for a new trial in the case.

Following testimony in the trial held on January 19, guilty verdicts were returned on charges of manufacturing methamphetamine, possession of marijuana and possession of drug paraphernalia, first offense.

In the penalty phase, the jury recommended an 18-year sentence on the manufacturing of meth charge, 365 days for possession of marijuana and 12 months for possession of drug paraphernalia, first offense.

At sentencing last week, Judge Lovelace followed the recommendations of the jury and handed down the sentences, with the three convictions to run concurrent for a total of 18 years. The defendant was credited for 347 days time already served on the charges.

Several other cases were heard last week with Judge Lovelace presiding over a February term of Circuit Court. The following are cases in which some type of resolutions were reached:

* Sentencing was held in the case of Commonwealth vs. James R. Kilgore, pursuant to a plea agreement effectuated on January 18.

The Commonwealth recommended that upon a plea of guilty to criminal possession of a forged instrument, first degree, the defendant would receive a sentence of five years, serve 60 days with credit for time served and the balance probated for five years with supervision and pay restitution in the amount of $323.00. Charges of theft by unlawful taking and persistent felony offender, second degree, would be dismissed with him receiving credit for 179 days time served.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. David Junior Duvall.

The Commonwealth recommended upon a plea of guilty to wrongful voting of an absentee ballot, the defendant would receive a one year sentence, pretrial diverted for two years with supervision. The defendant also agrees not to work in any capacity for candidates during elections or participate in obtaining absentee ballots during the period of diversion.

* Pretrial diversion was revoked in the case of Commonwealth vs. David Bryan Brown.

The defendant acknowledged that on December 7, 2009 he was granted a five-year sentence, pretrial diverted for five years on the charge of receiving stolen property over $300 and obscuring the identity of a machine or other property. Part of the pretrial diversion was to complete the Clinton County Drug Court Program, in which he was terminated from on February 7. Final sentencing was scheduled for March 21.

* A plea agreement was reached in the case of Commonwealth vs. Denver Dishman.

The Commonwealth recommended amending the charge of trafficking in a controlled substance, second degree to possession, first degree and upon a plea of guilty to the amended charge, the defendant would receive a three year sentence, pretrial diverted for five years with supervision and is to enter and complete the Drug Court Program.

* During arraignment in the case of Commonwealth vs. Dora Beth Baise, the court observed the defendant and believed her to be under the influence of some substance and ordered her drug tested. The defendant tested positive for marijuana and hydrocodone and was found in contempt of court and sentenced to six months in jail.

* During scheduled sentencing in the case of Commonwealth vs. Indika Lynn Sears, charged with seven different offenses, including manufacturing meth, the court “declined to accept a plea agreement in this case” and set a trial date for April 14.

* During a pretrial conference, a trial date of April 14 was scheduled in the case of Commonwealth vs. Leslie June Collins, charged with possession of a controlled substance and possession of drug paraphernalia, first offense.

Several other cases were continued for various reasons and several defendants appeared for arraignment, entering not guilty pleas and having future court appearances scheduled.