By Jeremy D. Wells
Carter County Times
Carter County Circuit Court Judges Rupert Wilhoit and Rebecca Phillips worked through a number of cases in the final weeks of May; from arraingments to pre-trial actions and accepting pleas and sentencing. Judge Wilhoit, for instance, had more than 50 items on his agenda for a single Wednesday morning, adding up to 65 before the afternoon.
That’s a particularly heavy day, and the majority of those were arraignments – when a defendant formally hears the charges against them for the first time. But it’s not uncommon.
It’s also the beginning of what can be a long and sometimes repetive process, as the judges oversee communications between attorneys with the county or the Commonwealth and the defense.
In some cases, like minor traffic violations, an admission of guilt early on can halt the process, leading to a simple fine or even a dismissal with a warning. In more serious cases a public defender may be appointed if the defendant hasn’t already hired an attorney. Failing to appear, however, will almost always lead to the issuance of a bench warrant and eventual arrest.
The process ultimately ends with an admission of guilt, an acquittal, or a finding of guilt by a judge or jury. If there is a finding or admission of guilt, the defendant is then sentenced.
In a few such cases resolving on May 22, Judge Wilhoit sentenced Toni Bobbit to 180 days and $350 in costs on a charge of operating a motor vehicle under the influence, with credit for 34 days served; John Curtis Burton was sentenced to one year each on charges of theft by unlawful taking and fraudulent use of a credit card. Burton was arrested in March on those charges. He is currently lodged in the Carter County Detention Center following a May 7 arrest for an unrelated case of first degree criminal trespass and possession of burglary tools. Burton received a sentence of one year each for those charges as well, in addition to 60 days on a shoplifting charge. Raymond Dearfield was sentenced to 60 days each on counts of third degree escape and second degree fleeing or evading police on foot. Staci Porter was sentenced to 90 days on a shoplifting charge.
Two days prior, on May 20, Judge Phillips began the process of dismissing charges against Dustin Oliver, with her notes indicating that the accident victim had indicated to the Commonweatlth that they did not wish to prosecute. Philllips noted that an affidavit or a court appearance by the accident victim would be required. Olive is charged with leaving the scene of an accident/failure to render aid, reckless driving, wanton endangerment, and fourth degree assault.
Bobby Harris plead guilty to the charge of receiving stolen property, and was ordered to pay court costs totalling $165.00 with no fines or restitution.
Danny Mullins pleaded guilty to two counts of trafficking in narcotics (carfentanil or fentanyl derivatives), but specific sentencing information was not reflected in the notes which indicated only that sentencing was conducted.
Following the return of lab results during a pre-trial conference, Scott Tabor entered guilty pleas to charges of trafficking in fentanyl, trafficking in heroin, and possession of drug paraphernalia.
Sandra Stoll was sentenced in her flagrant non-support case to court costs of $165.00 after meeting all other requirements with only a final payment of $25 due.
Jeremy Arthur pleaded guilty during a pre-trial conference to charges of operating a motor vehicle under the influence, and possession of heroin, with charges of reckless driving dismissed upon a motion from the Commonwealth.
Carl Burnett was also sentenced on that Monday in a case of first degree sexual abuse of a victim under 12 years of age, but sentence details were not reflected in court notes.
Likewise, Stephen Campbell was sentenced in a case involving charges of procuring or promoting the use of a minor by electronic means, second degree unlawful transaction with a minor, and distributing obscene material to minors, but details of that sentencing were not reflected in the notes.
Sentencing was also conducted in the case of Brian Kees, Jr. on charges of reckless driving, first degree fleeing or evading police, failure to produce an insurance card, and first degree wanton endangerment – police officer.
Court documents released later in the week showed that Phillips also accepted an admission of violation from Jonathan Meade on May 20, on a charge of theft by unlawful taking or disposition of items valued at more than $1,000 but less than $10,000.00, with the defendant order to attend treatment, and remain in custody until a bed is available in a treatment center.
On May 29 Phillips accepted a plea of guilty from Faron Stevens on a charge of first degree possession of methamphetamine, with charges of possession of opiates and third degree possession of a controlled substance dismissed upon a motion from the Commonwealth.
Phillips notes in the Joshua Pack case indicate that an agreement does exist between the defendant and the Commonwealth on charges of possession of fentanyl and receiving stolen property valued at $10,000 or more, because of pending murder charges in Pike County, the defendant is not ready to proceed.
In Judge Wilhoit’s courtroom, Patricia Bradley was sentenced to a fine of $50 on a charge of public intoxication. Jeffery Jones was fined $200 each on counts of driving on a suspended operator’s license, and failure to produce an insurance card, with a charge of an expired registration dismissed
