The Register-Herald, Beckley, West Virginia

February 9, 2013

Guilty pleas entered in Raleigh courtroom

By Wendy Holdren
Register-Herald Reporter

A 60-year-old Fayette County man pleaded guilty to three charges before Raleigh County Circuit Judge Robert Burnside Friday.

Gary A. Kincaid, of Minden, was arrested in February 2009 after robbing Chase bank in Beaver and threatening tellers with a bomb if they did not cooperate with his demands.

During the police pursuit, Kincaid pulled a gun on Senior Trooper H.D. Stone of the State Police Beckley detachment.

Kincaid has remained in jail since his arrest, and Raleigh County Prosecuting Attorney Kristen Keller said his trial date has been delayed several times due to multiple psychiatric evaluations.

He pleaded guilty to first degree robbery, possession of a hoax bomb and wanton endangerment with a firearm.

Keller said Burnside sentenced Kincaid to 15 years for robbery, one to 10 for possession of a hoax bomb and five years for wanton endangerment, all of which will be served concurrently.

Part of his plea agreement stated that he could not seek alternate sentencing and any motion to reduce the sentence would be denied.

Also before Burnside, Samuel Hawkins, 39, pleaded guilty to delivery of oxycodone.

Keller said Beckley Police Department collected audio and video evidence during the transfer of drugs to a confidential informant. He will be sentenced March 15.

Burnside awarded an alternative sentence to a 20-year-old Beckley man Friday.

Malique Medley was charged with wanton endangerment and domestic assault from two occasions: the first in an incident with his mother in April 2011 and the second in October 2012 when he shot a non-aggressive dog who approached him and there were multiple bystanders.

Medley pleaded guilty to two counts of wanton endangerment and Burnside sentenced him to serve five years for each count.

However, since both of these offenses occurred while Medley was a teenager, Burnside agreed to an alternate sentence of six months to two years at the Anthony Center.

Burnside encouraged him to abide by the rules or he would be sent to prison. Medley is also never allowed to own a firearm.

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