The Register-Herald, Beckley, West Virginia

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February 23, 2012

Judge denies alternate sentencing for man

Raleigh County Circuit Judge Robert A. Burnside Wednesday denied a motion for home confinement for a Midway man.

Defense attorney Mike Froble asked Feb. 10 that his client, Randall Jack Hampton, 41, be given home confinement as a means of alternate sentencing.

Burnside sentenced Hampton to two sentences of one to five years to be served concurrently, but agreed to hear a plan for home confinement.

Hampton was arrested again Feb. 14 by Cpl. R.A. Daniel for failing to register as a sex offender, specifically for his failure to report his Internet and screen name information and for vehicle information changes.

This arrest means Hampton is now facing three counts of failure to register.

Froble asked the court to consider that since 2000, all of Hampton’s charges were for failing to comply with registration requirements, not for additional sexual offenses.

He presented Burnside with the address where Hampton’s home confinement would be served, as well as the stipulation that he would only be allowed to leave the residence for doctor’s appointments and court dates.

Froble called William Garaffa, a Raleigh County home confinement officer, to the stand as a witness.

Froble, Burnside, and prosecuting attorney Tom Truman asked Garaffa a series of questions to ascertain whether Hampton would be a good candidate for home confinement.

Truman pointed out that it is in very rare circumstances that a convicted felon is offered home confinement.

Garaffa agreed, but also noted that one convicted felon is currently being monitored on home confinement through his office.

Hampton was given an indeterminate sentence of one to five years, which led Burnside to question, how long would his home confinement last?

Burnside said this case is unique because Hampton pleaded guilty to a felony, which revoked his probation. Furthermore, because of his crime, he was given an indeterminate sentence instead of a set amount of time.

He said because of these circumstances, the court must refuse the proposal for home confinement.

Froble asked for the court to consider allowing him a week to further explore alternate sentencing options that would suit Hampton’s circumstances.

“Frankly, I must refuse that. The reason is it’s very unlikely that we can find a way within the structure of the law to do what you want to do,” Burnside said.

Hampton must self-report to Southern Regional Jail Friday by 2 p.m.

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