Robbie Joe Johnson, 20, pleaded guilty to criminal trespassing, which was an amended charge. The original charge was burglary in the third degree, but due to the fact that Johnson provided the state with valuable information that helped to apprehend two other suspects and retrieve the stolen property, he was offered a plea agreement.
Johnson, Wallace Saylor and Gregory Stevens were accused of stealing an ATV from Pete's Garage.
Pete Fee, owner of the garage, said that in the process of the robbery, a double-paned window was broken, a Trans-Am race car was damaged and the stolen ATV had a flat tire when it was retrieved from a Bell County woman. Fee said his total damages were approximately $3,000.
Judge Ron Johnson sentenced Robbie Johnson to 12 months in jail, which was probated for 24 months. During the two years of probation, Robbie Johnson is required to make full restitution to Fee. Johnson will be required to pay $120 per month until the debt is paid in full.
In accordance with a plea agreement with the commonwealth, Wallace Saylor, 31, who was also implicated in the burglary, also entered a guilty plea. In the indictment related to the ATV theft, Saylor pleaded guilty to complicity to burglary in the third degree, for which the recommended sentenced was one year. He also pleaded guilty to being a persistent felony offender in the second degree, which enhances the first count of the indictment to a five-year sentence.
On a separate indictment, Saylor entered a guilty plea to the charge of possession of a forged instrument in the second degree and to being a persistent felony in the second degree. On the charge of possession of a forged instrument, the recommended sentence was one year, and the second charge enhances that to a five-year sentence.
Both five-year sentences will be served consecutively, meaning Saylor will serve a total of 10 years on the charges if the plea agreement is accepted by the judge.
However, Saylor was on parole when he was arrested on these charges, so the 10 years will be served following the remainder of the 22 years for which he had received probation.
Formal sentencing for Saylor will be held Nov. 14.
In other business:
n Paul Edward Brock, 40, entered a guilty plea to the charges of fleeing or evading police in the second degree and four counts of wanton endangerment in the first degree. The commonwealth recommended 12 months in jail on the first charge, and one year on each of the wanton endangerment charges to be served concurrently. Formal sentencing for Brock is set for Nov. 14.
n The trial of Frank Cornett, 38, was reassigned for Jan. 6 due to the defense being unprepared for trial. Cornett had not been in contact with his attorney since the date of the pretrial conference, so the defense was not ready to present its case.
n Shawna Napier, 27, as a result of a plea agreement with the commonwealth, pleaded guilty to trafficking a controlled substance in the first degree, with a recommended sentence of five years and $150 restitution to be paid to the Harlan County Sheriff's Department. She also entered a guilty plea to the charge of trafficking a controlled substance in the second degree, with a recommended sentence of one year and $110 restitution to be paid to the sheriff's department. Formal sentencing is set for Dec. 12.