CLARKSBURG, W.Va. (WV News) — A 43-year-old Weston woman was sentenced to prison Thursday for ramming a police vehicle during her reckless flight in vehicle from Harrison into Lewis County.
Harrison Circuit Judge James A. Matish sentenced Kristy Lane Vankirk to the maximum two to 15 years for fleeing with reckless indifference and destruction of property, both felonies.
Matish followed the recommendation of Harrison Assistant Prosecutor Gina Renzelli. They both cited the seriousness of the offense. Renzelli noted that Vankirk’s flight at one point went through a construction zone.
Through her plea deal, Vankirk, with two prior felonies, wasn’t prosecuted as a recidivist.
Harrison Assistant Defender John Scott can seek a reduction in sentence within 120 days. However, his ability to argue for that, or for an alternative sentence Thursday, was severely hindered when Vankirk tested positive on a drug screen Tuesday. According to Probation Officer Heidi Leaseburge, Vankirk also tried to defeat the drug screen with urine purchased off the street.
The court ordered $3,188 restitution for damage to the Harrison County Sheriff’s Office cruiser. Vankirk had rammed her 1994 Geo Prizm into the 2016 Ford Explorer Interceptor when a Harrison deputy got out to arrest Vankirk.
She was stopped when authorities deployed stop sticks in Lewis County.
Also:
— Thirty-one-year Harrison Circuit Judge Thomas A. Bedell on Thursday criticized Assistant Defender Scott and subsequently made a major change in court policy.
Scott failed to timely submit an order scheduling a sex offender risk evaluation for his court-appointed client, Kevin Austin Pumphrey, Bedell said.
Pumphrey, 24, of Clarksburg, entered a plea late this summer to felony possession of material depicting minors engaged in sexually explicit conduct.
Scott should have set up the testing and submitted an order for payment shortly after that, but instead didn’t do so until Wednesday, Bedell said.
The court was unable to proceed with its scheduled sentencing of Pumphrey without the sex offender risk report, Bedell said.
“One, two, three, four, five, six, seven, eight, nine, 10 people were inconvenienced because of Mr. Scott,” Bedell said. “That’s unacceptable to this court.”
The judge also said the new policy in his Division 2 Court will be for the Office of Chief Probation Officer Mike Burnside to arrange sex offender evaluations.
If defense counsel wants a separate evaluation from a behavioral health expert of their choosing, that will be on their dime instead of being funded by the court, Bedell said.
Pumphrey remains free on bail. Bedell noted that if the defendant had been jailed, the oversight would have been worse.
Bedell rescheduled Pumphrey’s sentencing hearing for 8:30 a.m. Jan. 26.
Pumphrey could face five to 15 years in prison and a fine of up to $25,000. He also faces a lifetime sex registry requirement and up to 50 years of extended court supervision.
Assistant Prosecutor Renzelli will make no sentencing recommendation.
Pumphrey had more than 600 explicit images, Harrison Sheriff’s Detective Lt. Zachary Mealey has alleged.
— Johnathan Cory Harlow, 34, of Hepzibah, has waived his probable cause hearing before Harrison Chief Magistrate Frank DeMarco on three counts alleging failure to register or provide updates to sex offender registry.
Harlow was released from jail Oct. 24, then didn’t meet the deadline of three business days to report that to the registry, according to State Police Cpl. B.W. Claypool.
Harlow had been in jail on charges of possession with intent to deliver fentanyl and drug conspiracy in a case investigated by Officer I.F. Thomas III of Bridgeport Police. Harlow waived his probable cause hearing Oct. 19 in the drug case.
— Deaundre Dontae Hall, 34, of Clarksburg, has waived his probable cause hearing before DeMarco on a charge of possession with intent to distribute fentanyl.
Hall was charged following a search of a residence at 104 Watkins Lane, which is also recognized as 104 Coleman Ave.
Greater Harrison Drug & Violent Crimes Task Force agents and the Clarksburg Police Special Response Team executed the search warrant. It was obtained as “part of an ongoing drug distribution investigation,” according to the complaint.
Agents found several bags of presumed fentanyl, $1,064 in U.S. cash, packaging materials and a digital scale, according to the complaint.
— James Matthew Highland, 34, a homeless Clarksburg resident, has waived his probable cause hearing before DeMarco on charges of breaking and entering, grand larceny and conspiracy.
Highland broke into the 112-year-old Goff Building overnight July 9-10 and stole a miter saw, chop saw and air compressor, Clarksburg Detective Sgt. William “Bill” Swiger has alleged.
The tools were worth $2,825, according to Swiger.
Highland offered another male cigarettes to act as a lookout, Swiger alleged.
— Charles Edward Bell Jr., 25, of Fairmont, has been probated federally for 5 years for possession with intent to distribute fentanyl.
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