The probation of Randy L. Lewis, 24, of New Martinsville, was revoked by the Honorable Judge David W. Hummel in Wetzel County Circuit Court on Friday. Lewis' former sentence of one to five years in the West Virginia Penitentiary for Men was then reinstated.
At a previous March 8 hearing, Lewis admitted to shoplifting; therefore, the matter of sentencing was then set aside until Friday's hearing.
Prosecuting Attorney Timothy Haught argued the state's position was that Lewis' probation should be revoked. He stated Lewis received a reduction in sentence after servicing 117 days in prison, but then obtained two misdemeanor convictions, "which were the basis for the revocation."
"The state's position," Haught stated, "is that Lewis cannot commit crimes on probation . . . This is not a speeding offense . . . This is a criminal offense . . . theft." Haught stated that circumstances might be different, if this were something such as speeding but was sure to stress the word, "might." He then argued, "We have no alternative but to argue that his probation be revoked."
White argued that Lewis was 19 when convicted of having sexual relations with someone four years younger. "He's done 117 days," White noted before, stating that if his probation is revoked, Lewis would be serving two years and two days because of underlying offense. "I'd just argue and ask that the court look at this humanely and see if there's any creative way to deal with Mr. Lewis." White added that his client cannot read or write, then stated, "I don't think he's going to be a horrible probationer." He re-stated that his client would be spending two years and two days in prison, because he highly doubted the parole board would let him out of prison, seeing as his underlying offense was sexual.
"I've spoken with (Lewis) on two occasions. He says he's very stupid for what he did."
Lewis then spoke to the court, saying he was sorry for what he did, that he wasn't thinking at the time. "I'm stupid for doing it. I dealt with the wrong people. I'm here to apologize. I was with my uncle and aunt. (They) talked me into doing this, and they put me up to doing it, and well, they said they would pay me . . . give me money for it, and they never did sir . . . I'm stupid for doing it sir."
"That goes without saying," noted Hummel.
When questioned about employment, Lewis lacked a definite answer, stating he was looking for a job. He referenced a job helping an old person around her garden, as well as dishwashing.
"You are 24 years old, and you have never really had a job," Hummel said.
"I worked with Solid Waste, a garbage truck . . . I worked a couple years ago. I worked almost a year," Lewis answered before saying he had quit.
At this, Hummel told Lewis he was headed to prison to serve his original one to five year sentence.
On Dec. 12, 2011, Lewis was granted sentence modification and placed on two years supervised probation following a brief hearing in Wetzel County Circuit Court.
On Aug. 29, 2011, Lewis was sentenced to one to five years in the West Virginia Penitentiary for Men for third degree sexual assault.