Dyer trial once again continued in Clinton Circuit Court

Posted June 5, 2013 at 2:30 pm

Another continuance has been granted in the Ira Boles Dyer, III case in Clinton Circuit Court.

During a session conducted on Monday, May 20 before Circuit Judge David Williams, a motion was granted for continuance of his trial and is now scheduled for a two-day period, September 4-5, 2013.

The defendant is charged with murder, wanton endanger, persistent felony offender and some misdemeanor traffic related offenses in connection with an April 2011 auto accident that claimed the life of an elderly Clinton County woman and caused injuries to other persons involved in the two-vehicle accident that occurred on North Highway 127 in Clinton County. Ina Edwards, 79, was killed in the accident.

A few months later, Dyer was charged with murder and wanton endangerment and several months after those indictments were returned, a charge of operating a motor vehicle under the influence, in relation to the accident was brought by Kentucky State Police, with Trooper Andy Olson being the lead investigator.

The trial date has been delayed on various occasions, including during a pretrial conference on May 6 when the trial was rescheduled for August 14. The next trial date is just three weeks beyond that date.

Several other cases were on the docket in circuit court on May 20 and the following are those which resulted in some type of resolution or trial dates being scheduled:

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

The Commonwealth recommended dismissing the charge of obscuring the identity of a machine or other property (two counts). Upon a plea of guilty to receiving stolen property under $10,000 and unlawful possession of a methamphetamine precursor, the defendant would receive a sentence of five years each to run concurrent for five years. He would serve 60 days home incarceration with the balance probated for five years with supervision.

Final sentencing was scheduled for July 1.

* During motion hour, in the case of Commonwealth vs. Leigh-Ann Little Hicks, counsel for the defendant advised the court that after reviewing the KCPC report, he wished to withdraw his motion for a competency hearing. The court sustained the motion and concluded the defendant had violated the terms and conditions of her probation and revoked same. The defendant was ordered to serve the balance of a 10-year sentence with credit for any time already served.

The defendant had originally been charged with multiple counts of possession of a forged instrument and second degree forgery.

* During a revocation hearing in the case of Commonwealth vs. Billy Kennedy, the court concluded the defendant had violated the terms and conditions of his pretrial diversion by being terminated from the Clinton County Drug Court Program. The court revoked pretrial diversion and found the defendant guilty of theft by unlawful taking, with a five year sentence imposed. He will be credited for any time already served.

* Sentencing was held in the case of Commonwealth vs. Joshua A. Key, pursuant to a plea agreement reached on April 15.

The defendant entered a plea of guilty to theft by deception less than $10,000 with a three-year sentence imposed. Pursuant to the recommendation of the Commonwealth, the sentence will be probated for five years with supervision, the defendant shall pay restitution and receive credit for any time already served.

* During a revocation hearing in the case of Commonwealth vs. Paulette Wilson, originally charged with second degree persistent felony offender, in lieu of revocation, the defendant shall serve an additional 60 days in jail and the matter will be reviewed on July 15.

* During a hearing in the case of Commonwealth vs. Jeffery D. Cooper, charged for forgery second degree and persistent felony offender second degree, the defendant has been accepted into Drug Court. In lieu of revocation, he is to complete the Clinton County Drug Court Program and was released from custody.

* During arraignment, in the case of Commonwealth vs. Nathaniel Johnson, charged with flagrant nonsupport, the defendant entered a not guilty plea and a trial date of August 14 was scheduled, with a pretrial conference on July 1.

* During arraignment in the case of Commonwealth vs. Aaron Shearer, charged with flagrant nonsupport, the defendant entered a plea of not guilty and trial date of August 14 was scheduled with a pretrial conference on July 1.

* During a pretrial conference, in the case of Commonwealth vs. Patrick Eller, charged with promoting contraband first degree, assault third degree (police or probation officer), possession of marijuana, disorderly conduct and fleeing or evading police, a trial date was scheduled for August 14.

* During a pretrial conference in the case of Commonwealth vs. Christopher Pierce, charged with flagrant nonsupport, the defendant did not appear, a warrant of arrest was issued and the defendant was ordered to be held without bond upon arrest.

* During sentencing, in the case of Commonwealth vs. Justin Brent Lester, charged with theft by unlawful taking or disposition, the defendant did not appear. A warrant of arrest was issued and the defendant was ordered to be held without bond on arrest. He was also to be placed in NCIC.

Several other cases were on the docket for the second May term of circuit court. Many cases were continued for various reasons, including defendants needed conflict counsel because of related charges, others were arraigned only and some defendants were not transported from other detention facilities.