May 9, 2013

Man gets two years on sex charges

By Nita Johnson
Staff Writer

LAUREL COUNTY, Ky. — An East Bernstadt man charged with having sex with a 14-year-old child and exposing her privates over the Internet was sentenced in Laurel Circuit Court last week.

Jacob Gwinn, 21, was sentenced to serve two years in prison and probated for five years for possession of matter portraying a sexual performance by a minor. Gwinn was indicted in April 2011 on two charges of second-degree rape of the child who had just turned 14 years old prior to the January 2011 incident. Additionally, Gwinn faced charges of first-degree unlawful transaction with a minor and possession of matter portraying a sex performance by a minor.

The documentation on the sentencing docket lists the rape charges as “mentally incapacitated by intoxicating substance,” and both those charges were dismissed as a part of Gwinn’s guilty plea to possessing material in which the child allegedly showed private parts over the Internet. The unlawful transaction with a minor charge was also dismissed, but Gwinn was ordered to have no contact with the victim.

• The sentencing for 69-year-old Kenneth England of 1836 West Hwy. 867 in East Bernstadt was continued until May. England was in Laurel Circuit Court on Friday before Judge Tom Jensen on charges of first-degree sexual abuse. The victim in this case was under age 12 at the time of the offenses in July 2003, in which England allegedly exposed the child to sexual contact.

• Leslie Omar, also known as Leslie Napier, of 218 Greenwood in Middlesboro was ordered to complete drug court and ordered to serve five years in prison, which was probated for five years. Omar was indicted in May 2001 for first-degree robbery and attempted theft by unlawful taking over $500 but less than $10,000 in value on April 30, 2011.

The sentencing listed only the theft charge, with the robbery charge dismissed.

• Brady Vickers, 34, of 185 Amy North Road in Corbin, was sentenced to five years in prison, which was probated for five years on an amended charge of theft by unlawful taking under $10,000. He will remain under supervised probation until restitution to the victims is paid. He must also testify truthfully against the other four co-defendants in the case. Vickers was charged with engaging in organized crime for taking navigation systems from Tincher-Williams car dealership between May 1, 2001 and Dec. 14, 2011. The other four defendants in the case were charged with being persistent felony offenders, as all had prior felony convictions prior to the indictment in January 2012.

• Jonathan Cody Smith, 24, of 35 Newland Drive in London, will serve a total of 15 years in prison for two counts of first-degree sexual abuse. He was given 7 1/2 sentences on each count, with the two sentences running consecutively — or, one after the other — for the 15-year total. Those counts were amended from the original charge of first-degree rape of a 5-year-old child. The sexual violations allegedly occurred between May 1 and Nov. 4, 2011.

• Billy Joe Swafford of London, was received a five-year sentence that was diverted for five years for flagrant non-support. Conditions Swafford must comply to include paying monthly child support payments plus $100 extra per month on the arrears.