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Joe P. Asher

Staff Writer

A scuffle with police has resulted in a Harlan County man being sentenced to prison on Thursday. Lee Roy Helton, 66, was convicted of felony assault, resisting arrest and menacing after a trial by jury in Harlan Circuit Court about one month ago.

Previous reports state Helton intentionally attempted to cause physical harm to Kentucky State Troopers Jared Boggs and James Earl Hensley when they arrested him after a traffic stop. Helton charged Boggs’ cruiser after being stopped, and attempted to strike him. Boggs moved out of the way and drew his taser, advising Helton he was under arrest and ordering him to put his hands behind his back. Helton refused to comply, and Boggs then deployed his taser. Helton also kicked Trooper James Earl Hensley during the incident.

An indictment was handed down on May 7, charging Helton with two counts of third-degree assault, resisting arrest and menacing.

After a one-day trial, the jury deliberated approximately an hour and a half, returning a not guilty verdict on one count of assault and convicting Helton on third-degree assault, resisting arrest and menacing. The jury recommended Helton be sentenced to one year in prison on the assault conviction, 90 days in the county jail for menacing and three months in the county jail for resisting arrest.

Special Judge James Bowling denied the defense’s request that Helton remain free pending sentencing.

Helton appeared in front of Bowling on Thursday for his sentencing. Daniel Schulman, Helton’s attorney, requested that the recommended one-year in prison be probated.

While Bowling was handing down the sentence, Helton attempted to interrupt.

“You don’t get to talk,” Bowling told Helton.

When Helton persisted, Bowling delivered a more severe admonishment.

“If you don’t keep your mouth shut, I’m going to send you to the penitentiary,” said Bowling.

Helton made no further comment.

Helton was sentenced to one year in prison on the third-degree assault charge, three months in the county jail for resisting arrest and 90 days in the county jail on the menacing charge, all set to run concurrently. Bowling granted the defense’s request for the one-year prison sentence be probated for one year. Helton remained in custody to serve the time in the county jail on the menacing and resisting arrest convictions. Helton was also ordered to pay fines amounting to $750.

In other court activity:

* Shelia Philpot, 35, of Grays Knob, was sentenced for wanton endangerment to one year in prison on the state’s recommendation;

* Joe Brock, 24, of Bledsoe, was sentenced on a charge of trafficking a controlled substance to one year in prison. Brock was also ordered to pay restitution;

* John Wynn, 46, of Verda, was sentenced on amended charges of theft by unlawful taking more than $500, second-degree persistent felony offender and third-degree burglary. Wynn received three years for unlawful taking enhanced to five years. This sentence is to run consecutively with a one-year sentence for burglary for a total of six years in prison. Wynn was also order to pay court costs.

Reach Joe P. Asher at 606-573-4510 or jasher@heartlandpublications.com