Deryan E. Caldwell, 25, pleaded guilty to the amended charge of third-degree burglary and two counts of theft by unlawful taking over $300.
Caldwell, who appeared in court with his attorney, Otis Doan, made a motion for a pre-trial diversion.
The commonwealth gave the recommendation for probation with conditions as similar to drug court as possible if Caldwell was not eligible for drug court.
"I believe he would be eligible for drug court though he hasn't been interviewed," Harlan Circuit Court Judge Ron Johnson said.
Johnson said that the pre-trial diversion would be granted if Caldwell was accepted into drug court.
Caldwell was sentenced to five years in prison, which was probated subject to terms similar to drug court: curfew, drug testing, attend AA/NA and Celebrate Recovery, 200 hours of community service and attend Sunday school every week with his children. Court costs of $251 and a $75 inconvenience fee were added as well.
Caldwell is also forbidden to possess a firearm of any type for the entire probationary period.
It is alleged that on May 6, Caldwell took brake drums belonging to Willard Saylor from a location on Pine Mountain.
Caldwell testified in court that he had removed them and was apprehended by a Kentucky State Police trooper who made him return the items. He was later indicted.
Caldwell's other indictment stems from a burglary in 2004, when he allegedly drove with friends to Gary Nolan's home and removed several items valued at around $1,900.
Caldwell testified in court that he did not enter the home but did help transport the stolen items from the scene.
Doan said that his client had made all restitution in the case.
Johnson said he had gotten to know Caldwell over the past few weeks and he was fortunate to come from a good home and family.
"You strike me as someone who should have had better sense than to get involved in something like this," Johnson said.
Caldwell said that his criminal activity stemmed from a long-standing drug problem he has had since graduating from high school in 1998.
"How much money have you spent on drugs since then?" Johnson asked.
"I couldn't add that high," Caldwell replied.
Johnson also asked how Caldwell got caught up in all the criminal activity he was in.
"They say it's in the company you run with, your honor," Caldwell said.
"They could say the same about you. I have found it's usually mutual accompaniment and destruction," Johnson said.
Johnson was informed that Caldwell had spent 125 days in jail.
"How did the time go?" Johnson asked.
"Slow, your honor," Caldwell replied.
Johnson told Caldwell that he hoped probation could keep him straight.
Johnson also ordered a pre-sentence investigation. If Caldwell gets into further legal trouble, he could be sent directly to prison.
"You'll never have a better chance than this right here, and this is your last chance here in Harlan Circuit Court," Johnson said.
Caldwell is to be released to his parents after the next Celebrate Recovery meeting.
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