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Circuit Court opens

October 5, 2011

By Sheena Baker
Daily Times Leader
During the first few days of the October term of Clay County Circuit Court, several sentences were issued and several revocations were made due to violations of post release supervision or supervised probation. The following are orders issued Oct. 3 and Oct. 4 in Clay County Circuit Court:
• The five-year supervised probation sentence of Deveko Fisher, charged with robbery, was revoked due to a violation of the probation. Fisher probation was revoked, and he was ordered to serve a one-year term with the Mississippi Department of Corrections and was fined $1,000. In addition, Fisher was placed on four years post release supervision after release from confinement.
• The five-year post release supervision of Donivan Brown, who was previously sentenced to serve 15 years with MDOC for burglary of a dwelling, was revoked due to violations of the terms of his PRS. Brown was sentenced to serve five years with MDOC.
• The five-year PRS of Robert Hemphill, who was previously sentenced to serve five years with MDOC for possession of ecstasy, was revoked, and Hemphill was sentenced to serve five years with MDOC.
• Sunset Carson Lofton pled guilty to the charge of statutory rape and was ordered to serve a five-year term with MDOC. He was also ordered to pay a fine of $1,000. The court suspended execution of sentence for five years, and Lofton was placed on supervised probation under MDOC for five years. Lofton must register as a sex offender.
• A mistrial was ordered by Clay County Circuit Court in the case of Scotty White, charged with domestic violence/simple assault. During court earlier this week, the court observed that the victim of the domestic violence/simple assault, Beatrice White, may not be competent to stand trial due to a mental and/or physical condition. The case was rescheduled for call Jan. 9, 2012, and parties in the case must produce evidence that Beatrice White is competent to testify at trial.
• James Hughes, charged with possession of marijuana in a motor vehicle, was found not guilty of the charge.
• Victor Gibson pled guilty as an habitual offender to the charge of possession of cocaine greater than .1 gram but less than 2 grams. Gibson was ordered to serve eight years with MDOC. Due to his status as an habitual offender, the sentence shall not be reduced nor suspended, he is not eligible for parole or probation, he is not eligible for early release, good time credits or unsupervised passes. Gibson was ordered to pay a fine of $5,000.
• Taverius Collins withdrew his not guilty plea to the charge of uttering forgery and pled guilty. Collins was sentenced to serve five years with MDOC, was fined $750.00 and was ordered to pay restitution of $3,880. Collins will be placed in MDOC’s Drug and Alcohol Rehabilitation Program. In addition, he was sentenced to five years PRS after release from confinement. The five-year PRS of Collins for the charge of sale of cocaine was revoke due to a violation of the PRS. Collins was sentenced to five years with MDOC.
• A warrant has been issued for the arrest of Cedric Powell, who was convicted in Clay County Circuit Court on Oct. 5, 2009 of possession of cocaine and was sentenced to eight years with MDOC. The execution of the sentence was suspended, and Powell was placed on five years probation. Powell violated by probation with his arrest by the West Point Police Department for possession of cocaine. As of Sept. 19, 2011, Powell is $710 in arrears on his supervisor’s fee and is currently $1,694.50 in arrears on court-ordered payments.

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