CATLETTSBURG A man who allegedly stole a medical fund donation jar set up for an ill child in May was charged with a misdemeanor and also sentenced to jail for violating his probation on a prior conviction.
Joshua D. Boggs, 34, of Ashland, was sentenced to three years active time by Boyd County Circuit Court Judge John Vincent after failing to comply with his probation terms and allegedly committing another crime during his probation, according to court documents.
Boggs was charged with the misdemeanor charge of theft by unlawful taking or disposition after he allegedly stole a child's medical fund donation jar from a gas station, according to court documents.
Taj Sardar, owner of King's Diner at 2002 Greenup Ave., said a jar was on the counter of the diner and customers had been putting dollar bills into it to benefit the family of Calliope Anne May, 2, of Greenup. May was critically injured when authorities said she was violently shaken by a family acquaintance, and she remains hospitalized.
“Boggs stole a donation jar placed for a sick child of the community in need of medical service that was located at a service station at 2002 Greenup Avenue,” said court documents. “Mr. Boggs is alleged to have taken a donation jar full of money from concerned citizens who were attempting to help pay for the care of a sick child in the community. This is simply reprehensible.”
Boggs was previously found guilty of third-degree assault on a police officer, second-degree fleeing or evading police, and resisting arrest in April, according to court documents.
Boggs was sentenced to three years on the assault count, 12 months on the fleeing or evading count, and 12 months on the resisting arrest count, according to court documents.
Boggs was to serve 100 days with the balance probated for three years supervised by the Division of Probation and Parole. Boggs was also ordered to have a Department of Corrections substance abuse assessment and comply with any treatment recommendations, according to court documents. Boggs was also ordered to complete an anger management counseling course.
A Violation of Supervision Report was filed ten days after Boggs was released from jail after Boggs allegedly failed to report or contact the Probation and Parole Office as directed, according to court documents. Boggs also failed to seek a substance abuse evaluation and was arrested on a new charge, according to court documents.
Boggs’ sentence for the April crimes were revoked and he was sentenced to the previous judgement of three years in jail with credit for 100 days, according to court documents.
“The Defendant has shown no propensity to comply with the terms of his probation,” said court documents. “He failed to report, has been alleged to have committed another crime, failed to attend anger management, and failed to get his substance abuse evaluation.”
Boggs is scheduled to appear for a jury trial at 9 a.m. on August 22 for the misdemeanor charge of theft by unlawful taking or disposition, according to court documents.
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