November 30, 2012
HAZARD – Several people were sentenced or entered guilty pleas in Perry Circuit Court on Thursday, including a Leatherwood man who could serve up to a decade in prison.
Kenneth D. Halcomb, 34, was sentenced this week to 10 years following his guilty plea last month to an amended charge of second-degree assault and tampering with physical evidence. He was indicted in May on a charge of first-degree assault for stabbing his wife several times with a knife on March 4, 2012. He also attempted to hide the knife from authorities following the assault, according to the indictment.
Entering a guilty plea in exchange for a possible prison sentence of eight years was 41-year-old Johnny Gross of Combs. Gross was indicted in three separate cases earlier this year, the first alleging that he sold oxycodone to a cooperating witness on Dec. 8, 2011. He pleaded guilty this week to one count of first-degree trafficking in a controlled substance in exchange for a seven-year sentence.
In his second case, Gross was indicted in May, again on drug-related charges, for allegedly possessing oxycodone with the intent to distribute on Aug. 30, 2011. He pleaded guilty to first-degree trafficking, possession of a firearm by a convicted felon, and possession of marijuana. One count of first-degree persistent felony offender will be dismissed, according to the agreement.
Gross was indicted a third time this year in August on one count each of second-degree escape and first-degree persistent felony offender. He was alleged to have absconded from home incarceration on June 14, and pleaded guilty this week to an amended charge of tampering with a prisoner monitoring device in exchange for one year to serve. The second count will be dismissed, and Gross could serve a total of eight years for all cases.
Gross will appear in court again on Jan. 3 for sentencing.
Also sentenced this week was 39-year-old Dale E. Wilson of Lexington, who could serve up to five years in prison for an amended charge of second-degree trafficking in a controlled substance. He was indicted in May on one count of first-degree trafficking for possessing more than 10 oxycodone tablets on Aug. 2011 with the intent to distribute.
Brian Smith, 36, of Hazard, received a sentence of three years Thursday after he failed to complete the requirements of the Leslie County Drug Court.
Smith was indicted in Perry County in April 2011 on charges of first-degree possession of a controlled substance, receiving stolen property over $500, and third-degree possession of a controlled substance. While in court this week, Smith admitted that he failed to complete drug court, one of the requirements of this probation, and was then sentenced to serve a total of three years in prison. This sentence will run consecutively with any sentence he receives in a Leslie County case dating back to 2010.
Jimmy Kirkwood, 53, of New Paris, In., was sentenced to serve one year on two counts of an amended charge of second-degree trafficking in a controlled substance. Kirkwood was arrested as part of an Operation UNITE investigation in 2011, when he was initially charged with first-degree trafficking. He was additionally ordered this week to pay $600 in restitution to UNITE.
Johnny Newman, 38, of Hazard, entered a guilty plea this week to one count of theft by unlawful taking over $500. He was indicted in March on charges of theft and second-degree persistent felony offender for allegedly stealing jewelry from the Hazard K-Mart. According to the agreement announced in court, he pleaded guilty to theft in exchange for a one-year sentence, and the second count will be dismissed. He will be sentenced on Jan. 3.
Mary Riley, 22, entered a guilty plea this week for one count of first-degree trafficking. She was alleged to have sold three oxycodone tablets to a cooperating witness on June 23, 2011. Her plea was entered in exchange for a two-year sentence, and she will be ordered to pay $220 in restitution to UNITE. She will also be sentenced on Jan. 3.
Also sentenced this week was 36-year-old Kevin E. Combs of Viper. He was indicted in June on charges of first-degree possession of a controlled substance, tampering with physical evidence, second-degree persistent felony offender, and various misdemeanor charges. He illegally possessed cocaine and methadone on Jan. 1, 2012.
Combs was sentenced to serve a total of two years after pleading guilty to possession and tampering, along with charges of possession of drug paraphernalia and illegal possession of a legend drug. The count alleging persistent felony offender was dismissed.
James E. Everage, 33, of Emmalena, Ky., entered guilty pleas in two separate cases, the first dating back to 2011.
Everage was first indicted in Nov. 2011 on charges of first-, second-, and third-degree possession, tampering with physical evidence, and several misdemeanor and traffic offenses. He was alleged to have illegally possessed oxycodone, hydrocodone, and Alprazolam on June 23, 2011, and in exchange for a two-year sentence, pleaded guilty to the possession and tampering charges, along with charges of possession of drug paraphernalia, reckless driving, possession of marijuana, and driving on a suspended/revoked license. The remaining charges will be dismissed.
Everage was indicted in the second case in May 2012 one two counts of second-degree criminal possession of a forged instrument for allegedly possessing forged checks in June 2011. He pleaded guilty to both counts and agreed to pay $230 in restitution to Peoples Bank. He will be sentenced for both cases next week.
Sentenced this week to three years of supervised diversion was 26-year-old Tosha J. Brown of Bonnyman. She was indicted in May on one count of first-degree trafficking for selling one oxycodone tablet to a cooperating witness. Conditions of her diversion include random drug testing, 300 hours of community service, and $140 in restitution to the Kentucky State Police.