By Jeremy D. Wells
Carter County Times
Sometimes the charges that a defendant starts with don’t look at all the same by the time they enter a plea. That phenomenon was on full display in Carter County Circuit Court this past Monday, with three defendants initially charged with serious sexual assault charges pleading guilty to reduced charges.
While two of those individuals were still charged with violent crimes, requiring them to register as sex offenders and putting them at risk of even greater penalties under the law if they are cited again, one had all sex related charges against him dropped.
Jeremiah James, 21, of Olive Hill, was only 19 when he was arrested and charged with sexual crimes against animals, first degree sexual abuse of a victim under twelve, first degree rape, first degree sodomy, and third degree unlawful transaction with a minor. By the time James was sentenced, however, all of the sexual assault charges were dismissed or amended. This means that James, unlike the other defendants entering pleas or receiving sentences on Monday, will not have to register as a sex offender.
James first degree rape charge and first degree sodomy charges were dismissed, while his charge of first degree sexual abuse charge was amended – first to a charge of wanton endangerment and then to one of tampering with physical evidence. The sexual crimes against animals charge was amended to cruelty to animals.
The only one of the original charges to remain was the third degree unlawful transaction with a minor. That charge is a Class A misdemeanor, punishable by not more than 12 months in jail, as is second degree cruelty to animals.
Tampering with physical evidence is a Class D felony, carrying a sentence of one to five years.
James was sentenced to five years, probated, on the felony charge. That sentence will run consecutively with his year each for the misdemeanors, also probated.
In addition to ordering James to avoid contact with the victim and their family, Judge Rebecca Phillips also ordered James to remain sober during the length of his probation. She noted that James had testified that he was “so intoxicated” at the time of the events in question he didn’t clearly remember what happened.
Phillips also ordered James to have no unsupervised contact with animals for the extent of his sentence.
But while James might not have to register as a sex offender, the same does not hold true for Wendell Middleton or Kimberly Blevins.
Middleton entered a change of plea on Monday afternoon, entering an Alford plea of guilty on a charge of second degree sodomy, a class C felony carrying a penalty of five to ten years in prison. This was a reduction of the original charge of first degree sodomy. As part of the plea deal the charge of first degree sexual abuse was dropped.
The Commonwealth explained that the charges were dismissed with input from the family of the victim, in part because the family was not eager to go through a trial once more.
Middleton had originally gone to trial on his charges, but that ended in a mistrial because of statements from a juror about the case.
Because of the nature of Middleton’s crime, he could not be sentenced on the same day as his plea, but will be sentenced at a future date once all paperwork is processed.
Phillips also warned Middleton that due to changes in the law – which prompted Middleton to delay his plea last week – if he is arrested on a third violent crime he could be subject to the maximum penalties for that offense under the law; up to and including the death penalty. These changes, prompted by the recent passage of House Bill 5, were in part related to Middleton’s previous delay in change of plea.
Kimberly Blevins will also be subject to that change in law. Blevins entered yet another change of plea, with four charges against her dropped. She pleaded guilty to one count of third degree sodomy, and one count of second degree sexual abuse. That second degree sexual abuse charge was an amendment of the original charge of first degree sexual abuse. As part of the plea deal a second charge of third degree sodomy, and three other charges of first degree sexual abuse were dismissed.
As part of the plea deal Blevins will serve one year on each charge, to run consecutively, for a total sentence of two years. This does include credit for time already served.
Blevins case began with mediation and a planned guilty plea. But then further questions arose after the mediation and plea agreement was reached. The court then rejected one potential plea deal as felony sexual offenses cannot be probated.
Under the new agreement all original charges were reinstated on Monday before the one count of sodomy and three counts of sexual assault were dismissed, and the other charge of sexual assault was reduced from a first degree to a second degree charge.
Blevins entered an Alford plea of guilty on those charges, with the court agreeing to the sentencing plan in the case.
In addition to registering as a sex offender, and undergoing sex offender treatment, Blevins was also ordered to have no contact with the victim.
She and Middleton will both also have five years of post-incarceration supervision, with the potential for serving the rest of that time behind bars if they violated the terms of their release.
Final sentencing in that case will also be delayed until October.
Contact the writer at editor@cartercountytimes.com
