August 27, 2013

Second man sentenced for beating elderly man

By Nita Johnson
Staff Writer


Nearly two years after robbing and beating a then 92-year-old man, the second of two men involved was sentenced in Laurel Circuit Court.

Leonard Wayne Helton, 25, of 202 West Ky. 2417 in Corbin, received a five-year prison sentence for theft by unlawful taking before Judge Tom Jensen on August 16. That sentence will run at the same time as another felony sentence from Whitley County.

Helton and his accomplice, 51-year-old Anthony Todd Helton of the same address, went to Brown’s Recycling Center on Ky. 638 on Aug. 26, 2011 and spoke with the owner, 92-year-old Russell Brown. The two were reportedly interested in bringing some aluminum cans to sell. The duo left but returned later, at which time they hit the elderly man with a tire tool, robbed him and fled the scene.

Both Heltons were indicted in November 2011 for the assault, with Leonard Helton being incarcerated on September 13. His uncle, Anthony Todd Helton, was taken into custody in late October.

Other cases heard in Laurel Circuit Court included:

• Milford Allen Jr., 48, of 358 Dean Hundley Road in East Bernstadt, was indicted in August 2012 for possession of a firearm by a convicted felon and receiving a stolen firearm. The Commonwealth Attorney’s Office asked the case be dismissed.

But freedom from legal charges was short-lived, as Allen was sentenced to three years in prison for trafficking in marijuana over 8 ounces but less than 5 pounds, second-degree trafficking in a controlled substance, convicted felon in possession of a firearm and in possession of a handgun, and third-degree trafficking in a controlled substance. Now Allen will serve a seven-year sentence for possession of a handgun, which is prohibited by felons. He received a three -year sentence for the marijuana trafficking charge and the controlled substance charge, with those two sentences running at the same time as the seven-year sentence.

• Brian J. Cress, 26, of Lexington and 25-year-old Joseph D. Gregory of Covington, were both sentenced to three years in prison, which was diverted for five years and will be supervised. The two were indicted in October last year for taking a 2003 Honda motorcycle and a 2005 Honda motorcycle from two different individuals on July 30. The sentence was for the first charge of receiving stolen property, but the second charge was dismissed as part of a plea bargain. The pair must pay restitution of $3,500 each as part of the plea agreement.

• Melissa Gaines, also known as Melissa Day, 41, of 304 West 17th St. in London, will be involved in a supervised diversion program for three years as part of her sentence for driving under the influence, speeding, and possession of methamphetamine. Gaines was indicted in November of last year. She was sentenced to one year imprisonment, diverted for three years with supervision. She was also given two days in jail for DUI, with one day suspended and a $500 fine. The charge of driving 22 mph over the posted speed limit was dismissed.

• Brandon Mays, 26, of 577 Whitley St. in London, must enroll in and complete drug court as his sentence for first-degree trafficking in a controlled substance. Mays was indicted in February 2013 for selling 10 or more Oxycodone to a police informant on May 25, 2012.

• Joshua Abraham Hays, 30, of 33 Timothy Lane in Keavy, will serve 13 years in prison for manufacturing methamphetamine on Jan. 14 of this year. His sentence also includes his testimony against the other two defendants in this case - 24-year-old Michael S. Cunigan of Annville and 22-year-old Skye Stewart of McKee.

However, Hays will forego the testimony against Cunigan, who entered into a plea agreement earlier and was also sentenced to 13 years in prison. Persistent felony offender charges against both men were dropped as part of the plea agreement.