Middleton sentenced to five years in prison

Published 2:54 pm Tuesday, July 30, 2019

A Wallins man was recently sentenced to five years in prison in Harlan Circuit Court for the felony crime of dealing drugs.

According to the press release, Harvey Middleton, 37, appeared in front of Harlan Circuit Judge Kent Hendrickson on July 12 when Commonwealth’s Attorney Parker Boggs and Assistant Commonwealth’s Attorney Jonathan Lee successfully prosecuted him.

Middleton was on trial after having been indicted by the Harlan County Grand Jury for first-degree trafficking controlled substance in Wallins.

As part of an organized drug trafficking investigation by local law enforcement, a confidential informant was utilized to purchase narcotics from Middleton at a location of Middleton’s choosing. Middleton chose to sell the confidential informant narcotics from a residence within the community.

At trial, Middleton elected to testify – a right which is not commonly exercised by criminal defendants. During Middleton’s cross examination, Lee extracted information from Middleton, including Middleton’s reasons for dealing drugs and his willingness to continue his drug dealings in the future. Lee was ultimately able to obtain a confession from Middleton from the witness stand regarding charges for the crimes Middleton had allegedly committed.

After the jury had returned a verdict of guilty against Middleton, Boggs requested the jury recommend the imposition of the maximum penalty of five years in prison for Middleton’s crimes. Boggs also informed the jury that even upon imposition, Middleton would be eligible for parole after serving only nine months in prison. If the jury had recommended only one year in prison, Middleton would have been eligible for parole after serving three months in prison.

“The granting of parole is solely within the discretion of the Kentucky Department of Corrections. Therefore, only time will tell how much of the five year sentence Middleton will actually serve,” the press release read.

In accordance will the jury’s recommendation, Middleton was sentenced to five years in prison on July 18.

Donna Foley, 31, of Mary Alice, also came before Hendrickson recently on July 17, on the state’s motion to revoke probation.

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

Foley was granted probation and placement in the drug court program on Oct. 22, 2018, after entering a plea of guilty in Harlan Circuit Court on Oct. 4, 2018, to first-degree possession of controlled substance (methamphetamine), second-degree possession of controlled substance (Suboxone), third-degree possession of controlled substance (Gabapentin), third-degree possession of controlled substance (Xanax) and third-degree possession of controlled substance (Alprazolam), according to the final judgment order.

Foley was sentenced to six years imprisonment following her charges, as state by the probation revocation order.

According to a notice of violations and termination from drug court, Foley absconded from the program, rendering failure to comply with the terms and conditions of her probation.

Hendrickson revoked Foley’s probation and remanded her to the custody of the Kentucky Department of Corrections to complete her six-year sentence.