Commonwealth Journal

November 27, 2009

Sentencings set for two involved in home invasion

By HEATHER PYLES, CJ Staff Writer

Two men were sentenced in court this week after pleading guilty to charges stemming from a home invasion in April.

David Danny Vance, 25, of Bronston and Kyle Wright Jr., 20, of Somerset both appeared before Pulaski Circuit Judge David A. Tapp on Tuesday. Vance was sentenced to 15 years in prison and Wright was sentenced to 12 years in prison for there role in a home invasion that took place on Ringgold Road in April.

The incident occurred when Wright, Vance and Eric Gilmore, 21, forced their way into a home on Ringgold Road after Gilmore told the homeowner that she’d just argued with her boyfriend — identified as Vance — and needed assistance. The three robbed the resident at gunpoint and fled with several items, and police reported that one of the defendants knew the resident.

The robbery was reportedly cut short when Gilmore entered a bedroom and encountered the victim’s grandson, who was waking up from the commotion.

They were arrested after officers responding to the scene noticed a vehicle in the parking lot of a nearby church. Suspecting that its occupants might have been involved in the incident, officers followed the vehicle as it left the parking lot and, upon conducting a traffic stop, discovered the victim’s property inside the vehicle. Police later learned that the suspects — later identified as Vance, Wright and Gilmore — had left a gun behind in the church parking lot.

Vance had pleaded guilty to one count of second-degree burglary and one count of second-degree robbery.

Wright had pleaded guilty to one count of complicity to second-degree robbery. In addition, Wright was on pretrial diversion for second-degree criminal possession of a forged instrument, according to Commonwealth’s Att-orney Eddy F. Montgomery, adding another two years to Wright’s sentence.

Gilmore in October was sentenced to 15 years in prison for one count of facilitation to first-degree robbery, one count of facilitation to manufacture metham-phetamine and one count of complicity to first-degree burglary.

The following cases were also resolved at that same motion hour:

• Robert L. Colyer, 31, of Burnside pleaded guilty to first-degree possession of a controlled substance.

Judge Tapp set final sentencing for December 21, 2009.

• Lonnie Kirk Floyd, 54, of Somerset was sentenced to two years in prison for second-degree trafficking in a controlled substance. Montgomery stated that sentence would run consecutive to a prior felony sentence for drug trafficking and criminal mischief.

• Larry Burdine, 47, of Eubank was sentenced to 20 years in prison “following his stipulation that he violated the terms of his probation,” according to Dalton. Burdine was originally convicted of first-degree trafficking in a controlled substance, two counts of felony receiving stolen property, and tampering with physical evidence.

• Joe Neeley, 43, of Somerset was sentenced to eight years in prison following a hearing at which Tapp ruled that Neeley had violated the terms of his probation.

According to Dalton, “testimony was given that Neeley had used controlled substances, been discharged from drug treatment, lied to his probation officer, and failed to pay his supervision fees.” Neeley had originally been convicted of first-degree trafficking in a controlled substance.

• Kellie D. Ely-Morrow, 34, of Somerset was sentenced to seven years in prison “following her stipulation that he violated the terms of her probation,” according to Montgomery. Ely-Morrow originally pleaded guilty to two counts of second-degree assault and one count of DUI, first offense.

• Jeffrey L. Hudson, 48, of Somerset was sentenced to five years in prison after he reportedly violated the terms of his probation. According to Montgomery, Hudson was originally convicted of three counts of first-degree wanton endangerment and one count of DUI, first offense. Montgomery stated that “Hudson stipulated that he used controlled substances and failed to take his medications as directed by a physician.”

• Stephen T. Miller, 27, of was sentenced to three years after he reportedly violated the conditions of his probation. Miller was originally convicted of first-degree possession of a controlled substance, third-degree burglary, and felony theft.

Montgomery stated that Miller said “he received a new misdemeanor conviction, failed to report an arrest in a timely manner, and used alcohol.”