By Tim MacVean
ELKINS - A Rock Cave man was sentenced to one to five years in a state penitentiary Monday in Randolph County Circuit Court for failing to report a change in his address as a sex offender.
Gregg Scott Haymond, 41, previously plead guilty to one felony count of failure to register as a sex offender or provide notice of registration changes, as part of a plea agreement. The state agreed to dismiss a second count of the same charge, per the agreement.
Before sentencing, Haymond said he knew what he did was wrong and promised he would succeed if he was given an alternative sentence.
"I did do what I was charged with. I thought I had 10 days...," Haymond said. "What I did, sir, was wrong. I'm working now, 40 hours a week. Aug. 19 will make four years' sobriety and I apologize for what I have done. If given the chance on probation, home confinement, Community Corrections, I will succeed."
Haymond's attorney, Timothy Prentice, requested that Haymond receive an alternative sentence because he believes him to be a productive citizen.
"Mr Haymond pleaded straight up to one of the counts against him and that was the fact that he had relocated to his grandfather's home, to another residence, without timely updating to his registration," Prentice said. "The purpose of that was to avoid an altercation where he was then living. It was not to evade authorities or circumvent the law in any sense, it was simply that and he didn't register within the time frame provided by the law and he was charged. Mr. Haymond is working full-time, 40 hours a week, and frankly would be at work today if it wasn't for today's proceedings.
"He stayed in contact with me, he did admit prior to being tested he had used THC in May. He knows that if the court were to grant him an alternative sentence that could not occur and he has agreed not to let that occur.
"What we are asking for, your honor, is some form of alternative sentence," Prentice added. "It would do little good to put Mr. Haymond in prison. He is a productive citizen at this time. There are other alternatives that are available such as (North Central) Community Corrections, home confinement or probation. He is living in Upshur County at this point, they have all those alternatives available in Upshur County. I would ask that he be given an alternative sentence."
Assistant Prosecuting Attorney Richard Shryock said that, due to Haymond's having an extensive criminal background as well as the four-month time frame between him moving to a new address and being arrested, Haymond should be sentenced to one to five years in a state penitentiary.
"Your honor, this involved a failure to update his actual address. We actually have a four-month time span occurring between the time of the move and the time when he was arrested. We are not talking about a technical violation of the statute, quite frankly, your honor. It does involve his actual address and a failure, for a period of four months prior to his arrest, to update that," Shryock said.
"In the hearing pre-sentence report the state has a lengthy criminal history, your honor, as well as the probation officer finding he tested positive for THC while he was out on bond. For those reasons, your honor, the state would recommend the defendant be sentenced to one to five years in the penitentiary."
Senior Status Judge Thomas Keadle read through the list of prior offenses in Haymond's criminal background before handing down the sentence.
"You have quite the record. You have been in a lot of trouble and it seems like you keep doing it. So what are we supposed to do with you? I don't think house arrest or probation is going to solve the problem," Keadle said. "This is a very serious matter. You didn't register for four months, and four months is a long time."
Also in Randolph County Circuit Court Monday:
- Sentencing was continued for James Edman Hoskinson, 49, of Elkins, because his attorney did not receive his pre-sentence investigation results until Friday and hadn't had sufficient time to review it.
Hoskinson pleaded guilty to one felony count of driving under the influence third or subsequent offense as part of a plea agreement. The state agreed to dismiss one misdemeanor count of driving revoked for DUI. Sentencing has been rescheduled for July 2.
- Bobby Lynn Hedrick, with his attorney, Dwight Hall, made a motion to have his alcohol monitoring ankle bracelet removed, saying he had severe varicose veins and could no longer wear it. The motion was granted in exchange for a home breathalyzer testing system.
In November, Hedrick was sentenced to one to five years in a state penitentiary for one count of failure to register as a sexual offender.
The sentence was suspended in favor of Hedrick serving 60 days in a state penitentiary followed by three years supervised probation.
- Larry Kent Arbogast, 38, of Elkins, along with his attorney, Prentice, made a motion asking that he undergo a mental status evaluation. The motion was granted for a psychiatrist to evaluate Arbogast before going to trial. Arbogast was arrested on one felony count of malicious wounding after allegedly attacking a woman with a hammer.
- Devin Wade Cook, 24, of Elkins, was sentenced to one to 10 years in a state penitentiary on one felony count of burglary and one year in a state penitentiary on one misdemeanor count of petit larceny. The sentence was suspended for five years of supervised probation and a requirement to complete Adult Drug Court as part of a plea agreement.
The state agreed to dismiss the remaining charges of one felony count of burglary, one felony count of grand larceny, two felony counts of conspiracy to commit burglary, one felony count of conspiracy to commit grand larceny and one misdemeanor count of conspiracy to commit petit larceny. Upon successful completion of Adult Drug Court, Cook will be released from probation.
- Deborah Rowback, 26, of Elkins, was sentenced to one to five years in a state penitentiary on one felony count of possession with intent to deliver a controlled substance, which was suspended for five years of supervised probation and a requirement to complete Adult Drug Court. Upon successful completion of Adult Drug Court, Cook will be released from probation.
- Stephanie Dawn Lyons, of Elkins, pleaded guilty to one felony count of possession with intent to deliver a controlled substance - methamphetamine, as part of a plea agreement. The state agreed to dismiss the remaining charges. Sentencing is scheduled for Aug. 6.
- Sentencing was continued for Rebecca Lou Blankenship, 40, of Huttonsville, because of a scheduling conflict that kept her attorney from attending.
Blankenship was convicted on three counts: one count of driving while license revoked for DUI, third or subsequent offense, a felony, as well as one count of having no insurance and one count of having no registration, both misdemeanors. Sentencing has been rescheduled for July 2.