GALLIPOLIS — A Gallia County man sentenced last year to serve period of four years in a home invasion case has been granted judicial release into the SEPTA program as per the original plea agreement in the Common Pleas Court of Gallia County.
Fred K. Wray, 34, Gallipolis, was sentenced on August 24, 2011, to serve four years in the Ohio Department of Rehabilitation and Correction, after he pleaded guilty to a third-degree-felony burglary charge.
Wray was charged, along with Jason L. Kingery, 26, Vinton, and Michael A. Saunders, 25, Gallipolis, in connection with the incident after they allegedly entered a home located on Ohio 160 near Vinton on February 17, 2011 — a home belonging to an elderly resident — forced open a safe and stole several other items before leaving the scene and fleeing in a vehicle being driven by Saunders.
The victim in this case reported that he heard a knock at 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 the second opened a safe. Both suspects then fled the scene.
The suspect vehicle was later found crashed nearby and Saunders and Kingery were taken into custody, while Wray was arrested at a later date.
Wray was later charged with one count of aggravated burglary, one count of kidnapping and one count of conspiracy.
A motion for judicial release in the case against Wray, who had been incarcerated in the Chillicothe Correctional Institution, was signed by the defendant and filed with the court on August 20, 2012.
On August 21, a statement, signed by Gallia County Prosecuting Attorney Jeff Adkins, was filed and informs the court of the state’s recommendation for judicial release in this case.
The statement reads, “Through plea negotiations the State of Ohio agreed to recommend a motion for judicial release into SEPTA after the Defendant has served one (1) year of incarceration, followed by two (2) years of community control.”
During a hearing on October 26 in the common pleas court, Judge D. Dean Evans, upon the recommendation of the prosecutor’s office, granted the defendant’s motion for judicial release.
The court further ordered that release be effective on Monday, October 29 and that the defendant be released on that date for personal transport to the SEPTA (Southeastern Probation Treatment Alternative) facility in Nelsonville.
The journal entry filed following last week’s hearing further stipulates that Wray be sentenced to 24 months of community control. The defendant has been ordered to report twice a month to the adult probation department of the common pleas court beginning within 10 days of his release from SEPTA.
Additionally, the defendant was advised that failing to successfully complete the SEPTA program will be considered a violation of his probation.
“The Defendant was specifically advised that violation of community control would result in community control being revoked and the balance of the original prison sentence being reimposed,” the entry reads.
Wray was further ordered to have no contact with the person or property of the victim in this case.
Following last year’s home invasion, Kingery was later charged with burglary, as well as possessing criminal tools, safecracking and conspiracy. Saunders was charged with obstructing justice in relation to this case.
Kingery later pleaded guilty to burglary and was also sentenced to four years on imprisonment in September of last year. As per his plea agreement, he is scheduled to appear before the court on November 8 for a judicial release hearing.
Saunders, who entered a guilty plea to obstructing justice in December, was sentenced to serve 18 months of community control.
Probation violations were filed in Saunders’ case on July 16 and include an allegation that the defendant admitted to having the drugs THC, speed and opiates within his system on that date.
Saunders was later arraigned on the community control violation charges and is scheduled for a hearing in this case on November 21 in the common pleas court.