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Napier’s pretrial diversion voided by Hendrickson

A Bledsoe man could be sentenced to five years in prison after his participation in pretrial diversion was voided in Harlan Circuit Court.

Kyle Napier, 23, appeared in front of Harlan Circuit Judge Kent Hendrickson on the court’s motion to void his participation in pretrial diversion, which had been granted on July 19, 2018. Napier appeared with his attorney, Will Seidelman. Commonwealth’s Attorney Parker Boggs and Assistant Commonwealth’s Attorney Jonathon Lee handled the matter for the state.

According to the order voiding pretrial diversion of a Class D felony, Napier violated the conditions of pretrial diversion by failing to complete treatment for substance abuse on three different occasions, use of controlled substance (methamphetamine) four separate times, use of controlled substance (amphetamines) and use of controlled substance (marijuana) four separate times.

Napier had previously entered a guilty plea to the crime of first-degree trafficking controlled substance (fewer than 10 pills), and per his request on July 19, was placed on pretrial diversion for a period of five years.

The Commonwealth recommended Napier follow the terms and conditions of diversion, including the diversion being supervised, restitution in the amount of $20 be paid to Kentucky State Police Post 10 through the Harlan Circuit Clerk’s Office within 30 days of the entry of the pretrial diversion order, no access to a handgun, no committing of another offense violating the Penal Code or Controlled Substances Act and remain drug and alcohol free, subjecting to random testing.

The Commonwealth also recommended five years imprisonment as the appropriate sentence in the event Napier failed to successfully complete the terms and conditions of the diversion and the court voids the agreement.

Napier signed a court document on July 19 stating he understood the conditions and agreed to enter pretrial diversion in lieu of defending himself in further proceedings.

A violation of supervision report from probation and parole officer Jonathon Creech was submitted to the court on April 12, detailing various occasions that Napier had violated the conditions of the diversion. Such occasions included use of various controlled substances over a period of time, failure to pay restitution, and failure to complete treatment for substance abuse.

Hendrickson ordered Napier’s participation in pretrial diversion to be voided and a status hearing be scheduled for Aug. 1. A presentence investigation report is also to be provided to the court.

Larry Stamper, 44, of Dayhoit, also appeared in front of Hendrickson, on the state’s motion to revoke probation.

According to the probation revocation order, Stamper did not comply with the terms and conditions of his probation.

Stamper was granted probation on Feb. 20, after entering a plea of guilty in Harlan Circuit Court on Feb. 6 to second-degree trafficking controlled substance (fewer than 20 pills) and first-degree persistent felony offender enhancement, according to the final judgment order.

Stamper was sentenced to a total of three years imprisonment following his charges, plus restitution in the amount of $120, plus a 5 percent service fee added to each payment, to the Loyall Police Department through the Harlan Circuit Court Clerk’s Office, as stated by the probation revocation order.

According to a violation of supervision report from probation and parole officer Jonathon Creech, on March 19, Stamper failed to abide by the terms and conditions of his probation. Creech stated Stamper failed to report to the probation and parole on March 7 as instructed. Creech said he made a failed attempt on March 11 to contact Stamper at the number he provided and then conducted a home visit on March 14 at the address Stamper provided. Creech said contact was made with Stamper’s mother, who stated he does not live at the address he provided and that he only comes by “every once in a while.” Stamper’s mother told Creech she could reach him through his friends, and Creech told her to advise Stamper to report to the probation and parole office on March 15 or a warrant would be requested. Creech stated Stamper failed to report to the office and thus absconded from the program.

Hendrickson revoked Stamper’s probation on July 17, sentencing him to 10 years imprisonment. Stamper was remanded to the custody of the Department of Corrections to begin serving his sentence.