A jury recommended a 10-year prison sentence for a Cumberland man convicted of flagrant non-support in Harlan Circuit Court on Friday.
Billy J. Boggs Jr. was convicted by a jury of three separate counts of flagrant non-support on Friday. Assistant Commonwealth’s Attorney Jonathon C. Lee prosecuted the case for the state.
According to a press release, Lee called Barbara Patton of the Harlan County Child Support Office to the stand as the primary witness for the state. Patton testified Boggs had persistently failed to pay his child support arrearage obligation in three separate cases for as long as four years. Lee also called Detective Jason Snelling of the Harlan County Sheriff’s Department and Captain Dan Howard of the Harlan County Detention Center to testify to the physical capabilities of Defendant Boggs and his apparent ability to seek work. On cross examination, Lee elicited testimony from Boggs concerning his ability to seek work and his longstanding and willful failure to pay his support obligation. Boggs admitted he had the opportunity to hold minimum wage jobs but had declined to do so.
The release additionally states Lee reminded the jury in his closing arguments the Child Support Office would have accepted nearly any payment from Boggs. Lee stated had Boggs shown any desire to meet his obligation, the Child Support Office would have worked to keep him in good standing.
The Jury convicted Boggs of three counts of flagrant non-support and recommended a sentence of 10 years in prison. He is scheduled to be sentenced on July 6.