2017-08-30 / Front Page

Neon man sentenced to 10 years in pharmacy robbery

A Neon man charged with robbing the Jenkins Rite Aid of pills and threatening to shoot the employees pleaded guilty to a lesser charge and was sentenced to 10 years in prison.

Dustin C. Banks, 34, formerly of Welch Hollow in Neon, had been charged with first-degree robbery. He pleaded guilty to second degree robbery.

Banks was accused of going into the Jenkins Rite Aid on December 12, 2016, and telling employees he would “blow your f------ brains out” if they did not give him all the Xanax in the store. Xanax is a commonly abused anti-anxiety medication.

Police said Banks had his hand in his pocket when he made the threat, “portraying” that he had a gun.

Jenkiins Police located Banks at a house on Cove Ave. later that day and arrested him.

Banks was one of several people who pleaded guilty and were sentenced in Letcher Circuit Court recently. Others sentenced were:

• Billy Adams, 24, of Jeremiah was granted supervised pre-trial diversion for three years, on charges of third-degree burglary and complicity to theft by unlawful taking over $500. Adams must pay $500 restitution to Wendell McClain Jr., stay at least 500 feet from the McClain family and their property, not commit any offenses and remain drug and alcohol free. He is accused of entering the McClain home, damaging property and helping steal a television.

• Crystal V. Davis, 33, of Whitesburg was granted supervised pre-trial diversion for one year on charges of theft of a controlled substance and theft of a legend drug. She must pay $132.23 restitution of Rite Aid, not commit any offenses and remain drug and alcohol free. She is accused to taking drugs from the Jenkins Rite Aid, where she was employed.

• Shane Curtis Martin, 38, of Seco pleaded guilty to two counts of non-support, flagrant non-support, one count of first-degree possession of a controlled substance first offense, theft by unlawful taking (shoplifting) under $500, third degree possession of a controlled substance, leaving the scene of an accident/ failure to render aid or assistance, first offense driving on a DUI suspended license, two counts of firstdegree controlled substance not in the original container, trafficking in less than 8 ounces of marijuana second or greater offense, public intoxication (controlled substance), possession of marijuana, and possession of drug paraphernalia. Five charges of being a persistent felony offender were dismissed, and the two non-support charges were amended down from flagrant non-support. Martin was sentenced to two years for marijuana charges and one year for the controlled substance charges, with the sentences to run one after the other. He was sentenced to a total of three years probation on the nonsupport charges, with the probation to be served after the prison sentences. He was also ordered to pay a total of $22,820 in back child support.

• James L. Pigman, 58, of Deane pleaded guilty to public intoxication controlled substance, first- degree possession of a controlled substance first offense, possession of a controlled substance, first-degree possession of a controlled substance (methamphetamine), first offense, second-degree possession of a controlled substance, third-degree possession of a controlled substance, unlawful possession of meth precursor first offense, and controlled substance prescription in improper container. A charge of tampering with physical evidence was dismissed. Pigman sentenced to three years in prison.

• Dennis Sturgill, 42, of Isom pleaded guilty to first-degree possession of controlled substance (methamphetamine) first offense, operating a motor vehicle under the influence of alcohol or drugs, with a .08 aggravator first offense, and no operator’s license. A charge of possession of a handgun by a convicted felon was dismissed. Sturgill was originally given three years probated for five years on May 24, however probation was revoked on July 19 after the Letcher Commonwealth’s Attorney’s Office learned Sturgill had pleaded guilty in Letcher District Court to operating a motor vehicle under the influence of alcohol or drugs first offense, failure to maintain liability insurance and failure to register transfer of a motor vehicle two days before signing his felony plea agreement. In addition, the commonwealth said Sturgill failed to attend a drug and alcohol treatment program, failed to refrain from the use of drugs or alcohol, failed to pay court costs, failed to notify or get permission from his probation officer to leave the area, and failed to report to his probation officer.

• Kimberly Sturgill, 23, of Isom will be sentenced today (August 30) after her pre-trial diversion was revoked. Sturgill was charged with 2012 with stealing four tires and rims, and taking a car without permission. The commonwealth asked for her to be sentenced alleging that she “has shown a complete disregard” for the terms of her diversion, and is “a significant risk to prior victims or the community at large.” Her sentencing had been set for August 23, but was delayed.

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