Dyer murder trial date again rescheduled

Posted May 15, 2013 at 1:58 pm

Another continuance for a trial has been granted in the case of a local man charged with murder in connection with a two-vehicle accident that occurred over two years ago.

During a pretrial conference in Clinton Circuit Court last Monday, May 6, Judge David Williams granted a defense motion for continuance in the case of Commonwealth vs. Ira Boles Dyer, III. Judge Williams rescheduled the trial for three days, August 14-16 and also set a pretrial conference for July 15.

Late last year, Dyer was originally given an April trial date and prior to that, earlier in 2012, an October trial date on charges of murder and three counts of each of wanton endangerment and second degree persistent felony offender.

The case has been ongoing in court since he was indicted following a state police investigation of an accident that occurred in April 2011 and claimed the life of 79-year-old Ina Edwards of Albany. The accident occurred on north Hwy. 127 in Clinton County.

Several months following the indictment on the aforementioned charges, Dyer was additionally indicted for Operating a Motor Vehicle Under the Influence, first offense, in relation to the same accident that killed Edwards and injured three other passengers in the two vehicles involved.

Several motions have been filed on behalf of Dyer, as well as his changing attorneys. He is now represented by public defender Angie Capps of Burkesville. Also last year, a motion for a change of venue in the case–heard by the late Circuit Judge Eddie C. Lovelace–was denied.

The investigation that led to the charges was conducted by the Kentucky State Police, with Trooper Andy Olson listed as the complaining witness during the grand jury proceedings which led to the indictments against Dyer being handed down.

Several other cases were brought before Judge Williams last Monday in Circuit Court. The following are cases in which some type of resolutions were made and/or trial dates scheduled.

* During motion hour, a plea agreement was reached in the case of Commonwealth vs. David Stonecipher.

The Commonwealth recommended amending the charge of trafficking in marijuana over eight ounces-second offense to cultivating marijuana more than five plants-first offense and amended the charge of cultivating marijuana, five or more plants second offense to first offense.

Upon a plea of guilty to trafficking in marijuana over eight ounces-second offense and cultivating marijuana more than five plants-first offense (two counts) the defendant would receive three five year sentences to run consecutive for 15 years, would serve one year with the balance probated for five years with supervision. The defendant will also be given credit for time served, including on home incarceration and a Honda Rancher ES four-wheeler and a 1997 Chevy pickup truck to the Casey County Sheriff’s Office and Kentucky State Police, respectively.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Cindy Gail Brummett.

The Commonwealth recommended dismissing the charge of failure to maintain insurance on a motor vehicle, operating a motor vehicle while under the influence and possession of drug paraphernalia. Upon a plea of guilty to possession of a controlled substance-first degree-methamphetamine, the defendant would receive a two-year sentence, pretrial diverted for four years, supervised and shall be assessed for the Clinton County Drug Court Program.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Johnnie Lee Davis.

The Commonwealth recommended the charge of possession of a controlled substance first degree-meth, be dismissed. Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 10-year sentence, serve six months in jail, with the balance of the sentence probated with supervision for five years. The defendant shall also be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for June 3.

* During a pretrial conference, a plea agreement was reached in the case of Commonwealth vs. Nathan M. Grey.

The Commonwealth recommended the charge of possession of a controlled substance first degree-meth, be dismissed. Upon an Alford plea (not admitting guilt but that there may be enough evidence that a jury may convict) to manufacturing methamphetamine, the defendant shall receive a 10-year sentence, shall serve six months with the balance of the sentence probated for five years, supervised and be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for June 3.

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

The Commonwealth recommended dismissing the following charges: failure to maintain insurance and failure to register/transfer vehicle. Further, amending the charge of operating a motor vehicle under the influence-third offense to first offense.

Upon a plea of guilty to operating a motor vehicle under the influence first offense and operating a motor vehicle on a suspended or revoked license second offense, the defendant would receive a five year sentence, probated for five years, pay a minimum fine of $200 plus court costs, serve 58 days in jail and 32 days in home incarceration and be assessed for the Clinton County Drug Court Program.

Final sentencing is scheduled for June 3.

* During a revocation hearing in the case of Robert Grant Hurt, originally charged with convicted felon in possession of a firearm, manufacturing meth-first offense, distribution of a meth precursor and three counts of persistent felony offender, the court concluded the defendant had violated the terms and conditions of his probation and revoked probation and ordered him to serve the balance of a 10-year sentence. The defendant will receive credit for any time already served.

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

The Commonwealth recommended that the charge of possession of a controlled substance first degree-meth, be dismissed. Upon a plea of guilty to manufacturing methamphetamine, the defendant would receive a 10-year sentence, serve six months in jail with the balance of the sentence probated for five years supervised. He will also be assessed for the Clinton County Drug Court Program.

Final sentence is scheduled for June 3.

* During motion hour, in the case of Commonwealth vs. Thurman Barnes, charged with two counts of first degree wanton endangerment, fleeing or evading police and reckless driving, the court requested the defendant be drug tested. The defendant tested positive for marijuana, opiates and benzodiazepines. The court revoked the defendant’s bond and ordered his incarceration.

* During a revocation hearing, in the case of Commonwealth vs. Steven Waid, charged with criminal mischief-third degree, complicity to theft by unlawful taking $10,000 or more and persistent felony offender second degree, in lieu of rehab, the defendant is to serve 60 days on home incarceration and be assessed regarding eligibility for drug court.

* During arraignment, in the case of Commonwealth vs. David Joe Johnson, charged with two counts of wanton endangerment and two counts of first degree assault, the defendant entered a not guilty plea and a trial date of August 15 was scheduled with a pretrial conference set for August 5.

* During a pretrial conference in the case of Commonwealth vs. Gabriel Lance Duvall, charged with possession of a meth precursor, controlled substance not in original container, possession of drug paraphernalia, possession of a controlled substance first degree, first offense-meth, possession of a controlled substance second and third degree and persistent felony offender second degree, the court set a trial date for August 15 and a pretrial conference for July 5.

Also, defense counsel Angie Capps informed the court that conflict counsel will need to be appointed in this matter.

* During a pretrial conference in the case of Commonwealth vs. Melanie Annette Conner, charged with controlled substance prescription not in original container, possession of drug paraphernalia, possession of a meth precursor-first offense, possession of a controlled substance-meth, first degree-first offense, and possession of a controlled substance second and third degree, a trial date of August 15 was scheduled with a pretrial conference on July 15 and defense counsel informed the court that the co-defendant in this matter will need conflict counsel appointed.

* During a revocation hearing in the case of Commonwealth vs. Brandon Hall, the prosecution withdrew its motion to revoke probation and a review was scheduled for August 19.

* During motion hour, in the case of Commonwealth vs. Cody H. Owens, charged with theft by unlawful taking over $300, criminal trespass second degree and burglary third degree, an agreed order setting the terms of shock probation was to be entered.

* During a revocation hearing, in the case of Commonwealth vs. Richard Luttrell, charged with burglary second degree, assault second degree and persistent felony offender second degree, the defendant did not appear and is to be placed in NCIC.

* During a revocation hearing in the case of Commonwealth vs. Brian A. Speck, charged with promoting contraband first degree and persistent felony offender second degree, the defendant did not appear and is to be placed in NCIC.

A few other cases that were on the docket last week were continued to a later date.