Prison and probation on judges agenda in sentencing

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    Nine individuals faced Judge Jay Delaney for sentencing in their cases over the month of January with some receiving probation and others finding themselves headed for jail.
    Kevin Lawrence was sentenced to 2 years imprisonment on the charges of Fleeing or Evading Police in the First Degree, Wanton Endangerment in the First Degree, Speeding 26 MPH or More over the Limit, Operating a Motor Vehicle on a Suspended or Revoked Operator’s License, No Tail Lamps, and Failure to Notify Address Change to Department of Transportation and probation was denied.  
    “The Commonwealth is pleased that Mr. Lawrence was denied probation. Defendants like Mr. Lawrence, who lead law enforcement on high speed pursuits, place both police officers and the general public in danger,” said First Assistant Commonwealth Attorney Michael W. Laws.
    Steven Hughes was sentenced to 10 years imprisonment on the charges of Trafficking in a Controlled Substance (Lysergic Acid Diethylamide) in the First Degree – First Offense, Possession of a Controlled Substance (MDMA) in the Second Degree, Possession of Drug Paraphernalia, Public Intoxication - Controlled Substance, Possession of a Controlled Substance (Heroin/Fentanyl) in the First Degree – Third or Subsequent Offense, and Persistent Felony Offender in the Second Degree to  be  served   consecutively    to   the  Defendant’s    other    sentences and probation was denied.  
    “The Commonwealth opposed probation based upon the seriousness of his instant offenses and his extensive criminal history.  Our office will continue to seek significant punishment for those who sell and transfer drugs in our community,” commented Laws.
    Mark Bishop was sentenced to 1 year imprisonment on the charges of Assault in the Third Degree, Terroristic Threatening in the Third Degree, Menacing, Resisting Arrest, Public Intoxication – Controlled Substance, and Alcohol Intoxication in a Public Place – First or Second Offense and probation was granted based upon the Defendant’s lack of a substantial criminal history and after Mr. Miller consulted with Officer Broderick Schmeing, who was the officer that was assaulted.
    James Stephens was sentenced to one year imprisonment on the charges of Possession of a Controlled Substance (Methamphetamine) in the First Degree – First Offense, Possession of Drug Paraphernalia, and Public Intoxication – Controlled Substance and probation was granted because individuals convicted of Possession of a Controlled Substance in the First Degree – First or Second Offense are subject to a period of presumptive probation, unless the Court determines the defendant is not eligible for presumptive probation.  The presumption shall only be overcome by a finding on the record by the sentencing court of substantial and compelling reasons why the defendant cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety.
    Gregory Walsh, II., was sentenced to 1.5 years imprisonment on the charges of Possession of a Controlled Substance (Methamphetamine) in the First Degree – Third or Subsequent Offense, Possession of Drug Paraphernalia, and Public Intoxication – Controlled Substance to be served consecutively to the Defendant’s other sentences in Pendleton Circuit Court case number 14-CR-00051, Pendleton Circuit Court case number 14-CR-00074, Pendleton Circuit Court case number 18-CR-00035, and Pendleton Circuit Court case number 20-CR-00099 and probation was granted due to the fact that the felony that he was charged with was possession of a controlled substance.  
    “Under the current law, it has become increasingly difficult to sentence a defendant to imprisonment when the most serious offense with which they are charged is possession of a controlled substance.  Most of the time, when a defendant is denied probation on such an offense, it is due to the fact that they have other circumstances which would prohibit probation,” explained Laws.
    John Charles Neff was sentenced to one and half years imprisonment but was granted probation. His charges were Possession of a Controlled Substance (Methamphetamine) in the First Degree, Third or subsequent offense; Possession of a Controlled Substance (LSD) in the First Degree, Third or Subsequent Offense; Possession of Drug Paraphernalia; and Public Intoxication Controlled Substance.
    Laura Marie Williams was sentenced to a total of five years imprisonment but was granted probation. His charges were Criminal Mischief in First Degree, Criminal Trespass in First Degree and Burglar’s Tools.
    Shawn Nicholas McPherron was sentenced to two years imprisonment on charge of Flagrant Nonsupport and probation was granted.
    Samantha Geraldine Teague was sentenced to a total of one year imprisonment on the charges of Possession of a Controlled Substance (Methamphetamine) in the First Degree Third or Subsequent Offense, Posssession of Drug Paraphernalia, Possession of Marijuana, Possession of a Controlled Substance (Alpraxolam) in the Third Degree. Probation was granted on the condition that the defendant successfully complete the drug court program.