Clinton Circuit Court session held; local grand jury convenes

Posted March 26, 2013 at 6:26 pm

A term of Clinton Circuit Court was held last Monday, March 18 with Circuit Judge David L. Williams presiding over several cases on the docket. The Clinton County Grand Jury also convened on that date and handed down a host of indictments in open circuit court.

Clinton Circuit Court: The following are cases on the docket last week in which some type of resolutions were reached and/or trial dates or other official actions ruled on.

* Sentencing was held in the case of Commonwealth vs. Jessee Kean, pursuant to a plea agreement effectuated on February 18.

The defendant pled guilty to theft by unlawful taking over $500 and burglary third degree, with a five-year sentence on each charge to run concurrent for five years. Pursuant to the recommendation of the Commonwealth, the defendant shall serve 90 days home incarceration with the balance of the sentence probated for five years with supervision. He is to also pay restitution and receive credit for time served, to be calculated by the Department of Corrections.

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

Upon a plea of guilty to possession of a firearm by a convicted felon, the defendant would receive a three-year sentence, probated for three years with supervision. Final sentencing is scheduled for April 15.

* During a revocation hearing in the case of Commonwealth vs. Jodi Stinson, charged with theft by unlawful taking or disposition, the defendant stipulated to violating the terms and conditions of her shock probation. The court directed the shock probation be revoked with the defendant to receive credit for time served as to be determined by the Department of Corrections.

* During motion hour in the case of Commonwealth vs. Charlotte Lee (now Tolbert), charged with trafficking in a controlled substance second degree, first offense, the court sustained the motion to dismiss and terminate pretrial diversion with an order to be tendered.

* During arraignment, in the case of Commonwealth vs. Bobbi Carol Gibson, charged with theft of identity, a trial date of June 18 was scheduled with a pretrial conference on June 3.

* During arraignment, in the case of Justin Brent Lester, charged with theft by unlawful taking or disposition, a trial date of April 23 was scheduled with a pretrial conference set for April 15.

* During arraignment in the case of Commonwealth vs. Christopher Pierce, charged with flagrant nonsupport, a trial date was scheduled for June 18 and pretrial conference on May 20.

* During arraignment in the case of Commonwealth vs. Amber York, charged with tampering with physical evidence, a trial date was scheduled for June 26 and a pretrial conference for May 20.

* During a pretrial conference in the case of Commonwealth vs. Michael Stearns, charged with possession of a controlled substance first offense and possession of drug paraphernalia, the matter remains set for trial on April 8.

Several other cases were on the docket last week, with some being continued for different reasons and several motions to consolidate cases in which different defendants are facing the same charges were sustained by the court.

Clinton Grand Jury: The Clinton County Grand Jury convened in regular session last Monday, March 18 and returned several indictments, many that included multi-counts, in open circuit court, including the following:

* The alleged offenses of wanton endangerment first degree (two counts), fleeing or evading police first degree and reckless driving, against Thurman E. Barnes, when on or about March 9, the defendant wantonly engaged in dangerous conduct when he fled from Officer Stephen Martin in excessive speeds with two passengers, fled from a person recognized to be a police officer and failed to operate said vehicle in a careful manner.

* The alleged offenses of wanton endangerment first degree (two counts) and assault first degree (two counts), against David Johnson, when on or about October 5, 2012, defendant wantonly engaged in dangerous conduct while under the influence of intoxicants, sped his vehicle down the runway of Spring Creek Air Parke, locked his brakes and skidded over 100 feet, left the end of the runway, went airborne and crashed on the left shoulder of Olympus Drive, skidded approximately 49’ 11” across Olympus Drive and over an embankment on the right shoulder before coming to a final rest, with two passengers in the vehicle.

* The alleged offenses of theft by unlawful taking or disposition, burglary third degree and persistent felony offender first degree (two counts) against Christopher L. Flanagan, when on or about February 10, defendant took or exercised control over a Ruger Mark II .22 caliber pistol, the moveable property of Frankie Lowhorn, remained unlawfully in a building belonging to Doug Lowhorn’s Shop and committed the offenses after having been stood convicted of a prior felony within the past five years.

* The alleged offenses of possession of a controlled substance not in original container, possession of a controlled substance first degree, trafficking in a controlled substance first degree and endangering the welfare of a minor against Charelton T. Conner, when on or about February 16, defendant possessed a controlled substance not in original container first offense; possessed methadone, a controlled substance; trafficked in a controlled substance and sold a methadone pill while with a four-year-old child.

* The alleged offenses of complicity to commit endangering the welfare of a minor; tampering with physical evidence; possession of controlled substances not in original container; possession of a controlled substance first degree; and complicity to traffick in a controlled substance first degree, against Shirley G. Guffey, when on or about February 16, defendant solicited, commanded or engaged in a conspiracy with others in planning or committing the offense of endangering the welfare of a minor; disposed of a methadone wafer; possessed controlled substances not in original container; possessed methadone, a controlled substance, first offense; and engaged in a conspiracy with others in planning or committing the offense of trafficking in a controlled substance first degree.

* The alleged offenses of criminal possession of a forged instrument second degree and possession of a controlled substance first degree (methamphetamine), against Ada K. Grogan, aka, Ada K. Shelton, when on or about December 10 and 23, 2012, defendant passed a check on People’s Bank and Trust Company bearing the name of Gary or Cathy Smith, knowing said check was a forgery and possessed methamphetamine.

* The alleged offenses of receiving stolen property and burglary third degree, against Sidney H. Foster, when on or about January 31, defendant retained or disposed of a weedeater, the moveable property of James Daley, having a value of less than $500 and remained unlawfully in the building belonging to James Daley.

* The alleged offenses of trafficking in a controlled substance first degree, endangering the welfare of a minor and persistent felony offender second degree, against Patricia M. Jones, when on or about February 16, defendant possessed with the intent to distribute methadone, a controlled substance, second or subsequent offense; bought a methadone pill in the presence of a four-year-old child; and committed the offense of trafficking in a controlled substance after having been stood convicted of a prior felony offense within the past five years.

* The alleged offenses of complicity to trafficking in a controlled substance first degree, endangering the welfare of a minor and persistent felony offender second degree, against Billy Parrigin, when on or about February 16, defendant engaged in a conspiracy with others in planning or committing the offense of trafficking in a controlled substance first degree, provided funds to purchase a methadone pill in the presence of a four-year-old child and committed the offense of trafficking in a controlled substance after having been stood convicted of a prior felony within the past five years.

* The alleged offense of theft by unlawful taking or disposition against Christopher Posey, when on or about March 23, 2012, defendant took or exercised control over two horse trailers, the moveable property of Georgie Armstrong, property having a value of more than $500.

* The alleged offense of flagrant nonsupport against Nathaniel R. Johnson, when on or about September 27, 2010 through March 18, 2013, defendant failed to provide support for his minor child or children, said failure having resulted in an arrearage of $5,196.00.

(Editor’s Note: An indictment is a statement of probable cause to believe an offense has been committed and further court proceedings are warranted. Those individuals named within an indictment are presumed innocent unless proven guilty in court.)