The Inter-Mountain photo by Taylor McKinnie Kevin Allen Strickland awaits his sentence during a hearing in Randolph County Circuit Court.

ELKINS — An Ohio man who was accused of attempting to run over an Elkins Police Department officer with his vehicle in March has received the maximum sentence for a lesser offense.

Kevin Allen Strickland, 32, of Sunbury, Ohio was sentenced by Randolph County Circuit Court Judge David Wilmoth to not less than one, and no more than five years in prison for fleeing in a vehicle with reckless indifference, a felony. Strickland will receive credit for time already served.

Strickland had also originally been charged with one count of attempted murder, which was dropped as part of a plea agreement he entered into on Sept. 29.

Before the plea was accepted by the court on Sept. 29, Assistant Randolph County Prosecutor Richard Shryock explained that the initial attempted murder charge was brought forth “as a result of the officer’s allegations;” however, he also explained why the state was not pursuing that charge as part of the plea agreement.

“My office, as well as the (Elkins) City Police, have reviewed the body cam (video) from the incident in question and do not believe at this point that there is a good-faith basis for the attempted murder charge,” Shryock told the court. “Just want to make that clear today, your honor, based upon the seriousness of the initial charge and the fact that it was a law enforcement officer.”

Before Strickland was sentenced, his attorney, Paul Gwaltney, asked Wilmoth to sentence Strickland to probation with the requirement that he attend in-patient drug rehab.

Gwaltney argued that Strickland was aware of and remorseful for what he did, and that Strickland wanted to make a change in his life.

“Mr. Strickland was in South Carolina, was heading back home to Ohio. Moving back,” Gwaltney told the court. “Phone died. (He) took Route 33, ended up coming through Elkins and this situation happened the way it did. (Strickland) understands that he needs to pay for what he did. He’s asking for this court to allow him mercy on probation, because he understands that he has a drug problem.”

Strickland also addressed the court. He reiterated what Gwaltney said, explaining that he has had substance abuse issues since his teenage years.

“If I may, like my lawyer said, I have a drug problem,” Strickland said. “I’ve had a drug problem since I turned 16. I’m just trying to start anew, man.”

Before sentencing Strickland, Wilmoth voiced his concern over Strickland having multiple prior felony convictions, as well as how Strickland had been placed on probation, which was later revoked, four times already.

He also took issue with Strickland having tried and failed rehabilitation eight times.

Wilmoth stated that there was “no reasonable explanation” for why Strickland fled from police the way he did in March.

“You’re requesting treatment, I understand, but after eight times, I’m less receptive to that request,” Wilmoth said. “…I’m in favor of (drug rehab), but I’m not in favor of it being used as an excuse to try and avoid incarceration.”

After issuing Strickland’s sentencing, Wilmoth stated that Strickland will still have to participate in drug treatment while he is incarcerated, as well as psychiatric treatment once Strickland is released.

According to the criminal complaint, prepared by Patrolman J.H. White with the Elkins City Police, at approximately 11:38 p.m. on March 27, White conducted a traffic stop on Strickland’s vehicle due to it having a driver’s side headlight out. Strickland told the officer during the stop that he did not have insurance.

White wrote in the complaint that he “observed the defendant making many erratic movements within the vehicle.”

After asking Strickland if there was anything illegal in the vehicle, Strickland told the officer that there was marijuana within the automobile, the complaint states. After White asked Strickland to step out of the vehicle, the defendant sped off and made a U-turn within the roadway.

According to the complaint, Strickland then left his lane and drove toward White “at a high rate of speed in an attempt to hit” him. White wrote that Strickland nearly struck him. 

“If the defendant would have hit me, I would have been crushed between his vehicle and my patrol car,” White wrote.

According to the complaint, the vehicle then sped down Railroad Avenue, where another City of Elkins patrolman pulled up behind Strickland to lead the pursuit. Strickland then led officers down Davis Avenue and back onto Randolph Avenue, running multiple stop signs in excess of 90 mph. Strickland nearly struck multiple vehicles while fleeing, and police lost contract with his vehicle and were unable to locate it, the complaint states.