Last updated: January 09. 2014 8:45PM - 1302 Views
Amber Gillenwater agillenwater@civitasmedia.com



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GALLIPOLIS — A Gallipolis man under indictment in two separate felony cases, recently pleaded guilty to charges of drug possession and breaking and entering in the Common Pleas Court of Gallia County.


Michael Kirby, 26, Gallipolis, pleaded guilty on Tuesday to one count of heroin possession and one count of breaking and entering in his two common pleas cases.


Kirby was arrested, along with Burley F. Geiger, 28, Gallipolis, at approximately 9:30 a.m. on June 27 at L&L Scrap Metal after an officer with the Gallipolis Police Department and a deputy with the Gallia County Sheriff’s Office arrived on scene to intercept a vehicle that was allegedly loaded with stolen goods.


According to the police report filed with the Gallipolis Police Department, an officer responded to the Regency Inn that morning in response to a breaking and entering call after a citizen called in and stated that she observed suspects loading a white truck with appliances and other items from one of the mobile homes located behind the hotel.


After receiving a description of the vehicle and the items, the officer advised his fellow law enforcement officers to respond to the scrap yard, and, upon their arrival, they found the vehicle along with the two suspects.


The suspects were transported to the Gallia County Jail, and the vehicle was towed from the scene.


According to the report, the items taken from the home included a black gas stove, wall heater, metal desk, a metal shelving unit, a white washing machine and a metal folding chair.


Indictments in this case were filed with the Gallia County Clerk of Courts on July 11, 2013, and both men subsequently pleaded not guilty to two counts of breaking and entering following the incident.


Kirby later failed to appear in September for a pre-trial settlement conference in this case and also subsequently failed to appear for a scheduled jury trial in October.


He was later arrested on November 7, and, during a hearing the following day, his bond was revoked and set at $10,000, 10 percent.


This bond was later reduced by the court, upon a motion by the defense, to an own recognizance bond and Kirby was released.


In his second common pleas case, Kirby was charged with two counts of drug possession after he was allegedly in the possession of 0.1 gram of heroin on March 8, 2013, and in the possession of 0.1 gram of heroin on March 16, 2013. He was arraigned in this case in early August.


During a hearing on January 7, Kirby pleaded guilty to one count of breaking and entering in relation to the incident on June 27, a fifth degree felony, and one count of drug possession, a fifth degree felony, in his second case.


A pre-sentence investigation was ordered to be completed by the adult probation department and Kirby is scheduled to appear for sentencing on January 29 in the common pleas courtroom.


After pleading guilty in November to breaking and entering, Geiger was sentenced in early December to 24 months of community control in relation to the break-in in June. He was further ordered to pay restitution to the victim in this case and pay the costs of prosecution.


He was also sentenced in December, after pleading guilty to drug possession, to two years of probation in a separate common pleas case.


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