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Bolen takes Alford plea

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SALYERSVILLE – While a jury trial was scheduled for Monday, Colonel Lewis Bolen took an Alford plea in his most recent felony case.

Bolen, 53, of Twin Oak Dr., Garrett, was in court on November 25 for a case stemming from last March, pleading guilty with an Alford plea to three years for the amended-down charge of third-degree burglary, and 365 days for third-degree terroristic threatening and first-degree criminal trespassing. Due to the fact he has been in custody since his arrest, he will get credit for time served for the 365 days and he has to serve 20 percent of the three years, which he has also already done, with the case basically pushing back his parole eligibility date six more months. The court agreed to dismiss the rest of the charges, including persistent felony offender, two charges of convicted felon in possession of a firearm and first-degree criminal trespassing.

According to the initial police reports, on March 16, 2018, the Magoffin County Sheriff Department received a complaint stating that Bolen was at a residence on Goat Mountain, located off of Salt Lick approximately 18 miles south of Salyersville. The resident of the home, a female, told police that she did not want him there, she was scared, and that she had told him he needed to leave. 

The victim told police Bolen came to her home on March 15, then returned early the next day and would not leave, sitting in her living room. She stated she had two long guns, a 20-gauge shotgun and a .22 rifle in the house in a gun cabinet. 

According to the arrest citation, Bolen allegedly was asking who had a handgun for sale, that he had cash and was looking to buy one. 

Arresting officer Deputy Jonathan Holbrook wrote in the police report that after Bolen was in custody, he made statements while being transported to the sheriff’s office that he was going to kill Myles Holbrook. He reportedly said that he needed to die and that he was going to burn down his house. 

Myles Holbrook was the public defender in Bolen’s 2011 case, during which Bolen pleaded guilty to six counts of attempted murder and was sentenced to 20 years in prison. 

The case stemmed from the February 2, 2011, J & J General Store shooting, during which Bolen reportedly severely injured three victims and shot in the direction of three other individuals.

According to the original arrest reports, Bolen allegedly shot a female six times near a residence on Route 7 in Gunlock, then followed the victim as she fled with a child in a vehicle to J & J General Store and continued the assault, shooting two men who were at the store. He reportedly fired numerous rounds at the victims outside the Gunlock business.

In December 2017 a state parole board recommended he be released from prison, effective February 1, 2018. He had sought parole two other times since his conviction and was denied both times. He was officially released on parole on January 19, 2018, after serving 7 years of his 20-year sentence, but his probation was revoked after he was arrested last year, with 48 months added to his sentencing. He is currently eligible for parole in December 2022 in the attempted murder case, but with the current guilty plea, that date will be pushed back another six months.

The Alford plea is essentially a guilty plea in criminal court, where the defendant does not admit to the criminal act, but agrees that he or she will more than likely be found guilty if the case goes to trial.

Sentencing in the case is slated for December 19 at 11 a.m.

Editor's Note: The indictment or charge of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.
 

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Heather Oney

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