HAZARD—The two men accused of burglarizing the Perry County Coroner’s home last year appeared in Perry County Circuit Court last month to accept plea deals and face sentencing in each of their cases.
The issue of restitution, or the repayment of lost or stolen property or the recompensing of an injury or loss—a normally standard part of court proceedings—came up in Perry County Circuit Court on June 18, when one of the two alleged burglars of the Perry County Corner Jimmy Maggard’s home, 34-year-old Eddie Boyd, appeared in court to take a plea deal.
The Herald previously reported that in October 2014, Boyd and 32-year-old Billy Caress were arrested in connection with the theft of more than $10,000 worth of jewelry from the home of Perry County Coroner Jimmy Maggard.
Boyd appeared in court to take a plea deal and face sentencing in the case, pleading guilty to second-degree burglary and possession of a controlled substance. He will serve five years on the first charge and 12 months on the second, both sentences to run concurrently with each other.
Perry County Circuit Judge Allison Wells finished reading the plea agreement by setting restitution at $5,000. Boyd’s attorney, Frank Riley, then spoke up, questioning the applicability of restitution in the case as all of the stolen items had reportedly been returned, according to police reports.
“We have contacted Mr. Maggard, and he’s said there were additional items missing,” Perry County Commonwealth’s Attorney John Hansen explained.
Hansen went on to say that originally, more than $10,000 in jewelry was stolen and recovered from the residence. However, Maggard had been in contact with his office, and due to personal issues, Hansen said, Maggard had not been available to tell the court or the police of the additional items right away. He added that there should also be repayment for damage done to a door during the burglary.
Judge Wells finished the proceedings by accepting the plea deal, but reserved the issue of restitution to be decided next month. She also ordered that a list of all items stolen, with values, and the cost of the door repair be submitted to the court.
Caress appeared in court last week to be sentenced to serve one year for each of the three counts contained in the guilty plea he accepted on May 21; each year sentenced is to run concurrently with the others. Caress pleaded guilty to the amended charge of receiving stolen property over $500, second0degree possession of a controlled substance, and illegal possession of a legend drug.
Boyd and Caress are set to appear in court on July 16 for a hearing regarding the issue of restitution in the case.
Amelia Holliday can be reached at 606-436-5771, or on Twitter @HazardHerald.