Brandon Robert Harvey, 27, of 6326 Lee Creek Road, Belleville, W.Va., was sentenced in Wetzel County Circuit Court Friday by Judge Mark A. Karl to two to 10 years in the West Virginia Penitentiary for Men for malicious assault. Harvey was additionally sentenced to six months for stalking. These two sentences are to run concurrently.
A restraining order has also been placed against Harvey, for a period of 10 years. This ensures he has no contact against the victim in the case.
Attorney George Consenza argued that his client has continued to do extremely well while waiting for sentencing, while on GPS and home confinement. "He's working, and he is doing mechanical work on the side." Consenza added that Harvey has been assisting his elderly grandfather as well, after the death of Harvey's grandmother. Consenza further referenced several letters that had been written in Harvey's favor.
"Brandon has really gotten the point here," Consenza stated. "He has reformed his life, rehabilitated . . . we aren't asking to place him on probation, but asking that he serve the remainder of his sentence on home confinement.
"As the court is aware, he has already spent over one year for this offense in prison, so we believe that further incarceration is not needed to meet the ends of justice."
Consenza added that the defense has no issue with the restraining order.
"He's done extremely well," Consenza re-stated, patting his client on the shoulder. "I think he fully understands the wrongfulness of his actions. He's extremely remorseful."
When given the chance to speak, Harvey stated he would like to apologize to the victim and for his actions. "What I did was incredibly wrong," he said. Harvey reiterated the fact that he is maintaining his employment and has his mechanic's license, stating, "There's a lot of work on the side." Harvey also thanked the court for considering his sentencing.
Karl then proceeded to sentence Harvey to two to 10, due to the nature of the charge; he also referenced an alcohol test Harvey had failed in February of this year. "I'm pleased you are getting along," Karl said, "but I'm not going to turn my head the other way."
On December 10, 2012, Harvey pleaded guilty to two information counts, count one being the felony offense of malicious assault and count two being the misdemeanor offense of stalking.
These two counts, by way of information, were filed in connection with Harvey's charges handed down by grand jurors during their September 2011 grand jury session. Count one details that between Aug. 19 and 20, 2011, in Wetzel County, Harvey allegedly committed the felony offense of kidnapping by taking a young woman from New Martinsville against her will. In Wood County the victim got away from Harvey and called 911. He was subsequently arrested and charged.
Counts two and three of the indictment state that between the same dates as above, Harvey allegedly committed the misdemeanor offense of domestic battery with the same female, his ex-girlfriend, by shoving her to the ground and striking her with his hands in New Martinsville.