MORGANTOWN — A man who violated probation will remain in jail.
Kevin Cayemitte, 29, was sent to Pruntytown Correctional Center in October 2017 after failing to report to Harrison County’s probation office. He pleaded guilty to one count of conspiracy and was originally charged with two counts of possession with intent to deliver a controlled substance and conspiracy after he and his brother were arrested at Morgantown Motel. The two were found with 50 Oxycodone pills and 600 Xanax pills.
Cayemitte appeared before Monongalia County Circuit Court Judge Phillip Gaujot at Tuesday’s hearing with a request to be returned to probation.
“It’s been a wakeup call,” he said.
He told the court that incarceration was kind of what he needed. He said he’s enrolled in two classes, including a crime victim’s awareness class and is close to graduating. Cayemitte also said he’s lost weight, but that he misses his two kids and other family and will be missing his sister’s wedding.
Representing the state, prosecuting attorney Brandon Benchoff asked about charges pending in Harrison County.
Cayemitte was arrested in Bridgeport and has three counts of possession with intent to deliver a controlled substance awaiting indictment for heroin, Oxycodone and methamphetamine while on probation for conspiracy.
Benchoff argued that the birth of Cayemitte’s kids or his previous charges, including a 2010 conviction for delivery of controlled substances, should have been wakeup calls. He also pointed out the “extremely generous” plea deal Cayemitte received which only required him to plead guilty to one count of conspiracy. As such, the state requested the motion for reconsideration be denied.
Defense attorney Fran Whiteman, said the generous plea was because the state lacked the evidence for a conviction.
“Everyone in the penitentiary at some point wishes they weren’t there,” Gaujot said.
Before denying the motion, Gaujot told Cayemitte his opportunity had already presented itself in the form of probation during which all he had to do was report.
Gaujot said he believes in redemption and he believes in his gut that Cayemitte is ready to show his good side, but his history showed otherwise.