April term of Clinton Circuit Court held

Posted April 24, 2013 at 1:46 pm

An April term of Clinton Circuit Court was held last Monday, April 15 with Circuit Judge David Williams presiding over several cases. The Clinton County Grand Jury session that is normally on that date was cancelled.

A host of cases were on the docket in circuit court last week, with several defendants being arraigned on charges. Some defendants had actual trial dates set during arraignment proceedings, while others had only pretrial dates scheduled.

The following are cases in which some type of resolutions were reached and/or trial dates set.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Joshua A. Key.

The Commonwealth recommended that upon a plea of guilty to theft by deception less than $10,000, the defendant would receive a sentence of three years, probated for five years with supervision and pay restitution in the amount of $7,243.05 at a rate of 12 percent per annum at a rate of $300 per month.

Final sentencing was scheduled for May 20.

* During a pretrial conference in the case of Commonwealth vs. Justin Brent Lester, a plea agreement was reached.

Upon a plea of guilty to theft by unlawful taking over $500, the defendant would receive a three-year sentence, probated for five years with supervision and pay restitution in the amount of $4,425 at a rate of 12 percent per annum at a rate of $150 per month.

Final sentencing was scheduled for May 20.

* Sentencing was held in the case of Commonwealth vs. Kevin Haddix, pursuant to an agreement made on March 18.

The defendant entered a guilty plea on the charge of possession of a firearm by a convicted felon with a three-year sentence imposed, probated for five years with supervision and the case will be reviewed in one year.

* During motion hour, in the case of Commonwealth vs. Steven Dewayne Posey, pursuant to Commonwealth motion to revoke probation, counsel for the defendant advised the court the defendant desired to stipulate to having violated the terms and conditions of probation by being terminated from Drug Court. The court revoked probation.

The defendant had originally been charged with cultivation of marijuana, five or more plants.

* During arraignment, in the case of Commonwealth vs. Thurman Barnes, who entered a not guilty plea to charges of two counts of wanton endangerment, fleeing or evading police and reckless driving, the court set a pretrial conference for June 3 and a trial date for June 18.

* During arraignment in the case of Commonwealth vs. Charelton T. Conner, who pled not guilty to charges of controlled substance prescription not in original container, possession of a controlled substance-first offense, trafficking in a controlled substance first offense and endangering the welfare of a minor, the court set a pretrial conference for June 3 and a trial date for June 25.

* During arraignment, in the case of Commonwealth vs. Susan Denney, who pled not guilty to charges of three counts of theft by unlawful taking and three counts of violating graves, the court set a pretrial conference for June 17 and a trial date for July 10.

* During arraignment in the case of Commonwealth vs. Christopher L. Flanagan, who pled not guilty to charges of theft by unlawful taking/dispositon of a firearm and third degree burglary, the court set a pretrial conference for June 17 and a trial date for July 9.

* During arraignment, in the case of Commonwealth vs. Sidney Hagan Foster, who pled not guilty to charges of receiving stolen property under $500 and third degree burglary, the court set a pretrial conference for July 1 and a trial date for August 1.

* During arraignment, in the case of Commonwealth vs. Shirley Gail Guffey, who pled not guilty to charges of endangering the welfare of a minor, tampering with physical evidence, controlled substance prescription not in original container, possession of a controlled substance first offense and trafficking in a controlled substance first offense, the court set a pretrial conference for June 3 and a trial date for June 25.

* During arraignment, in the case of Commonwealth vs. Billy Knox Parrigin, who pled not guilty to charges of trafficking in a controlled substance first offense, endangering the welfare of a minor and persistent felony offender second degree, the court set a pretrial conference for June 3 and a trial date for June 25.

* During arraignment in the case of Commonwealth vs. Patricia Rains Jones, who pled not guilty to charges of trafficking in a controlled substance second or subsequent offense, and endangering the welfare of a minor, the court set a pretrial conference for June 3 and a trial date for June 25.

* During arraignment, in the case of Commonwealth vs. Ada Kay Shelton, who pled not guilty to charges of possession of a controlled substance, a pretrial conference was set for July 15 and a trial date for August 1.

* During motion hour, in the case of Commonwealth vs. Danni Lynn Burgin, charged with possession of a meth precursor first offense, possession of marijuana, possession of a controlled substance, manufacturing meth first offense and possession of drug paraphernalia, the defendant did not appear. The court issued a warrant of arrest and when apprehended, the defendant shall be held without bond.

* During motion hour in the case of Commonwealth vs. Teresa L. Waid, charged with manufacturing meth first offense, possession of a meth precursor first offense, possession of drug paraphernalia, possession of marijuana and possession of a controlled substance, the defendant did not appear. The court issued a warrant of arrest and when apprehended, the defendant shall be held without bond.

* During a pretrial conference in the case of Commonwealth vs. Justin T. Stapp, charged with possession of a controlled substance and manufacturing methamphetamine first offense, the defendant did not appear. A bench warrant was issued.

* During arraignment, in the case of Commonwealth vs. Christopher Posey, charged with theft by unlawful taking/disposition of farm equipment, the defendant did not appear and is to be placed in NCIC.

* During arraignment, in the case of Commonwealth vs. Nathaniel Johnson, charged with flagrant nonsupport, the defendant did not appear and shall be placed on NCIC.

* During review, in the case of Commonwealth vs. Bethany J. Groce, charged with possession of drug paraphernalia, possession of a meth precursor first offense, possession of a controlled substance and manufacturing methamphetamine first offense, the motion for shock probation was withdrawn.

* During a pretrial conference, in the case of Commonwealth vs. Joseph Paul Coop, charged with second degree escape, the court ordered the defendant to serve 30 more days on his contempt sentence and remanded the case to district court.

Several other cases were on last week’s docket, with some defendants who were arraigned not having actual trial dates set but entering not guilty pleas. Some cases were also continued to determine if they are to be consolidated with each other and other cases were continued for various reasons with future court proceedings scheduled for a later date.