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Last updated: August 20. 2014 7:23PM - 1073 Views
Amber Gillenwater agillenwater@civitasmedia.com



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GALLIPOLIS — A Gallia County man who was released from prison in the SEPTA program approximately two years ago has been sentenced to serve out the balance of his prison term after new charges were filed against him this year.


Jason L. Kingery, 28, of Bidwell, appeared in Gallia County Common Pleas Court last week and was sentenced to serve 12 months in the Ohio Department of Rehabilitation and Correction for receiving stolen property. He will serve the remaining time on his four-year prison sentence for burglary in a 2011 case.


Kingery had been charged with receiving stolen property after he was allegedly in possession of a single-shot shotgun, a radiator, one Bosch battery, and four wheel weights for a tractor on May 7 — property that was reportedly stolen from his father’s house.


According to charges initially filed in the Gallipolis Municipal Court, on May 7 deputies with the Gallia County Sheriff’s Office were dispatched to an alleged burglary in progress after the homeowner called the 911 dispatch center. The homeowner had reportedly received a call from a neighbor stating he had observed the victim’s son breaking into the victim’s residence.


After receiving a description of the suspect’s vehicle, a deputy was able to stop the car and, according to the complaint, Kingery, along with Nicole Ballard, 25, were both inside the vehicle with stolen items from the victim’s home.


Kingery was subsequently indicted and arraigned on one count of receiving stolen property, while Ballard is similarly facing receiving stolen property charges.


Kingery was also previously indicted on one count of theft after he allegedly stole two personal checks on March 25, while Ballard has been charged with two counts of forgery after she allegedly forged the victim’s name on the personal checks on March 26 and March 28.


The theft charge against Kingery was later dismissed through the common pleas court as the defendant has been charged in Gallipolis Municipal Court for the same offense as a first-degree misdemeanor. He has reportedly pleaded guilty to the charge.


Ballard has entered pleas in both of her respective cases and is scheduled to appear for sentencing Sept. 5.


Previously, Kingery served approximately one year of incarceration in the Ohio Rehabilitation and Correction after he pleaded guilty to a 2011 burglary.


In that case, Kingery made headlines after he, along with his co-defendant, Fred K. Wray, 37, forced their way into the home of an elderly resident before opening a safe and stealing several items from the man.


The victim in that case said he heard a knock on the door of his residence and, upon opening the door, was forced to the ground by two people. The first individual allegedly held the victim while a second opened a safe. Both suspects then fled the scene.


The suspect’s vehicle, which was being driving by a third person, Michael A. Saunders, 27, was later found crashed nearby and Kingery and Saunders were taken into custody. Wray was arrested at a later date.


Kingery, who was later charged with burglary, possession of criminal tools, tampering with a safe and conspiracy, subsequently negotiated a plea agreement and was sentenced July 5, 2011, to four years in a state prison.


A motion for judicial release was filed in the case on Sept. 27, 2012, and Kingery was subsequently released into the SEPTA (Southeastern Probation Treatment Alternative) program on Nov. 8, 2012, based upon the recommendation of the prosecutor.


According to an entry filed in this case on Oct. 2, 2012, the state of Ohio recommended Kingery’s release from the state prison system as, within the defendant’s plea agreement, the prosecution had agreed to recommend a motion for judicial release into SEPTA after the defendant had served one year of incarceration.


Following his release from the program, Kingery was sentenced to serve 30 months of community control.


Wray, who was also later sentenced to four years of imprisonment for burglary and was subsequently released through judicial release, is reportedly wanted by the court for alleged community control violations, according to the clerk of courts online docket.


Saunders was later charged with obstructing justice in relation to this case and was sentenced to 18 months of community control; however, this defendant was sentenced earlier this year to 30 months of imprisonment after his probation was revoked for various violations.


During last week’s hearing, the court revoked Kingery’s community control and he was sentenced to the Ohio Department of Rehabilitation and Correction for the remaining balance of his four-year prison sentence. This sentence was ordered to be served concurrently with the 12-month sentence in his receiving stolen property case.


He was given credit for 515 days served in relation to his previous time served in prison, as well as 98 days of jail time served in his newest case.


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