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Harvey Pleads Guilty To Assault

By Staff | Dec 12, 2012

Brandon Robert Harvey, 26, of 6326 Lee Creek Road, Belleville, W.Va., pleaded guilty Monday 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 just filed and appeared to be in connection with Harvey’s current circuit court case.

According to the true bills 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.

Prosecuting Attorney Timothy Haught explained the two new counts, stating that the victim had recently ended a relationship with Harvey. Harvey would call and follow the victim. After agreeing to meet with Harvey, the victim was grabbed by him, struck, pushed, and forced into Harvey’s automobile. Harvey did not object to this description of his new charges.

A pre-sentence report will be filed by Chief Probation Officer John Lantz, followed by the arguing of sentencing between the prosecution and defense. The felony offense of malicious assault can carry a sentence of two to 10 years in the West Virginia Penitentiary for Men, whereas the misdemeanor offense of stalking can carry a six month sentence in the Northern Regional Jail.

Lantz requested that a return date be set for sometime in January, so that he has necessary time to file the pre-sentence report; though, due to scheduling restraints in Defense Attorney George Consenza’s calendar, the matter was pushed to Feb. 15, 10 a.m.

Per the terms of the agreement, Harvey will be released on bond; however, a GPS device will be hooked up to him