TAYLOR COUNTY—Two defendants entered into negotiated plea agreements with the State of West Virginia, admitting guilt to their charged crimes.
Kenneth L. Riley, 54, was present in Taylor County Circuit Court with his defense attorney Tyler Reseter, as he entered a guilty plea to one count of burglary. For his crimes, Riley faced a potential sentence of not less than one nor more than 15 years in prison.
As part of the deal, Taylor County Prosecuting Attorney John Bord recommended that Riley’s sentence be held concurrent, or alongside, a six-to-sixty-year term handed down in Harrison County.
Furthermore, Bord noted that the defendant would be responsible for paying $670 in restitution to his victim.
According to Nineteenth Judicial Circuit Court Judge Alan D. Moats, the crime occurred in October 2020, when Riley broke into a home with the intent to take items. While inside the residence, the homeowner came back and caught him, thwarting his plans.
Moats questioned the cause for restitution, and it was revealed to the court that it would cover damages to the home caused by Riley during the break-in.
When it came time to speak, both Reseter and Riley had little to say.
“We are asking that the court sentence Mr. Riley in accordance with the plea agreement,” voiced the attorney, and the defendant followed offered up his apologies to his victim.
As asked, Moats sentenced Riley to one-to-15 years behind bars for his actions, to be served concurrent with his Harrison County ruling.
In addition, 35-year-old Robin Lynn Kapp was present with Reseter to enter a plea to failure to appear by way of information. For her new charge, she was facing a potential one-to-five-year sentence.
As part of her deal, Bord shared that the state was recommending that her sentence be held consecutively, to begin following the resolution of her one-to-five-year conspiracy sentence. In addition, the state would move to dismiss a felony escape charge against her.
According to testimony and court documents, Kapp was placed on the Taylor County Community Corrections Program in March 2021 and failed to appear. A capias was issued for her arrest, and she was picked up in November.
Plagued with an ongoing addiction and drug usage, Kapp failed to report to the program, noting that because had lost her husband to a heroin overdose in October and learned her sister had terminal cancer, she had tried to get her life back together on her own.
Reseter petitioned the court to allow Kapp to serve her sentence on home confinement, to afford her the opportunity to spend time with her sister, revealing that the defendant’s mother would allow her to live with her.
After hearing from Kapp and Community Corrections Director Tammy Narog, Moats was ready to address sentencing.
“I am sorry to hear about your sister,” he started. “But right now, you need to address your own issues. Yes, your sister is very ill, but you are too. You need long-term, in-patient treatment for your drug addiction. The best thing you can do for your sister is to first take care of yourself, taking that burden of worry off of her.”
With that, he ordered that Kapp would serve her one-to-five-year failure to appear charge consecutively with her one-to-five-year conspiracy sentence, effectively making her total time served two-to-ten years.
Until she could be accepted into a long-term program, Kapp would remain behind bars.