Published: August 27, 2009 10:50 pm      

Subway robber gets 23 years

Charge enhanced because Sparks is a PFO

Greenup — A judge on Thursday upheld a jury’s recommendation that a man who robbed a Greenup County fast-food restaurant last year spend more than 20 years in prison.

Greenup Circuit Judge Bob Conley sentenced James D. Sparks Jr. to 23 years in prison.

Sparks passed on an opportunity to speak on his own behalf prior to Conley pronouncing sentence, Assistant Commonwealth’s Attorney Melvin C. Leonhart said.

Sparks was convicted in July of first-degree robbery, which is normally a Class B felony and carries a possible prison sentence of 10 to 20 years. However, because the jury also found Sparks guilty of being a persistent felony offender, the charge was enhanced to a Class A felony with a possible sentence of 20 years to life.

Sparks was found guilty of robbing the Subway restaurant in South Shore on Sept. 17.

Sparks waited outside by a Dumpster for the restaurant to close. When an employee brought out the trash, Sparks approached the worker, told him he was armed and that he was robbing the business.

Sparks then went into the restaurant with the worker, took about $150 out of the cash register and fled on foot.

While Sparks claimed to have been armed, prosecutors were unable to prove he had a gun and figure he probably did not, Commonwealth’s Attorney Cliff Duvall said. However, the jury still convicted on first-robbery.

Sparks testified on his own behalf during his trial, claiming he wasn’t robbing the restaurant, but was merely collecting a drug debt that was owed to him.

Under state sentencing guidelines, Sparks will have to serve 85 percent of his sentence — about 20 years — before he can be considered for parole.

Sparks was actually on parole at the time of the Subway robbery. He had previously been convicted of two counts of theft and two counts of forgery.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.