Brandon Robert Harvey, 27, of 6326 Lee Creek Road, Belleville, W.Va., was released from incarceration by Judge Mark A. Karl onto home confinement Nov. 5 in Wetzel County Circuit Court.
Prior to Karl's ruling, his attorney, George Consenza, argued that Harvey had been "an absolute model prisoner while incarcerated."
"He did extremely well while on home confinement for six months," Consenza continued. "He lived with his elderly grandparents and since that time, his grandmother passed away . . . His grandfather is in court today and needs him."
Consenza argued further that his client was employable and was employed before. "He's engaged to be married," he added. "I ask you look favorably on this."
Judge Karl agreed to place Harvey on home confinement. He ordered the defendant to contact the home confinement officer in Wood County by the end of the next week. "He will be subject to drug testing and is to be home at all times, except for work," Karl noted.
On June 21, Harvey 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 had also been placed against Harvey, for a period of 10 years. This ensures he has no contact against the victim in the case.
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.