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New charges filed against convicted felon

Amber Gillenwater agillenwater@civitasmedia.com

July 23, 2014

GALLIPOLIS — Less than two years after he was granted judicial release into the SEPTA program, a Gallia County man is facing new charges of receiving stolen property, and theft in an unrelated case, after he allegedly broke into his father’s home in May.


Jason L. Kingery, 27, of Bidwell, appeared in Gallia County Common Pleas Court last week and pleaded not guilty to one count of theft after he allegedly stole two personal checks belonging to the victim on March 25.


Also implicated in the case is Nicole Ballard, 25, who was recently arrested and charged with two counts of forgery after she allegedly forged the victim’s name on check number 6724 on March 26 in the amount of $200, and forged check number 6723 on March 28 in the amount of $300, both felonies of the fifth degree.


In an earlier 2014 case, Kingery has been charged with receiving stolen property after he was allegedly in possession of a single-shot shotgun, a radiator, one Bosch battery, and four wheel weights for a tractor on May 7.


According to charges initially filed in Gallipolis Municipal Court, on May 7 deputies with the Gallia County Sheriff’s Office were dispatched to an alleged burglary in progress after the homeowner had reportedly received a call from a neighbor stating that he had observed the victim’s son breaking into his house.


After receiving a description of the suspect’s vehicle, a deputy was able to stop the car and, according to the complaint, Kingery and Ballard were both inside the vehicle along with the stolen items from the victim’s residence.


Kingery was subsequently indicted and arraigned on one count of receiving stolen property as a result of the incident, while Ballard is similarly facing additional receiving stolen property charges.


Previously, Kingery served approximately one year of incarceration in the Ohio Rehabilitation and Correction after he pleaded guilty to a 2011 burglary.


In this case, Kingery made headlines after he, along with his co-defendant, Fred K. Wray, 37, forced their way into the home of an elderly resident before opening a safe and stealing several items from the man.


The victim in this case reported that he heard a knock on the door of his residence, and, upon opening the door, was forced to the ground by two people. The first individual allegedly held the victim, while a second opened a safe. Both suspects then fled the scene.


The suspect’s vehicle, that was being driving by a third person, Michael A. Saunders, 27, was later found crashed nearby and Kingery and Saunders were taken into custody. Wray was arrested at a later date.


Kingery, who was later charged with burglary, possession of criminal tools, tampering with a safe, and conspiracy, subsequently negotiated a plea agreement and was sentenced July 5, 2011, to four years in a state prison.


A motion for judicial release was filed in this case on Sept. 27, 2012, and Kingery was subsequently released into the SEPTA (Southeastern Probation Treatment Alternative) program on Nov. 8, 2012, based upon the recommendation of the prosecutor.


According to an entry filed in this case on Oct. 2, 2012, the State of Ohio recommended Kingery’s release from the state prison system as, within the defendant’s plea agreement, the prosecution had agreed to recommend a motion for judicial release into SEPTA after the defendant had served one year of incarceration.


Following his release from this program, Kingery was sentenced to serve 30 months of community control, and, as a result of the recent charges filed against Kingery, he is facing probation violations in his earlier case.


A final hearing on his probation violations is scheduled to be held on Aug. 5. If found guilty of the community control violations, Kingery’s probation could be revoked and the remaining balance of his original prison sentence be re-imposed.


Kingery is currently being held in the Gallia County Jail.


Wray, who was also later sentenced to four years of imprisonment for burglary and was subsequently released through judicial release, is reportedly wanted by the court for alleged community control violations, according to the clerk of courts online docket.


Saunders was later charged with obstructing justice in relation to this case and was sentenced to 18 months of community control; however, this defendant was recently sentenced 30 months of imprisonment after his probation was revoked for various violations.