A 69-year-old landlord, who was convicted of stealing from a tenant and sexual abuse, is on home confinement indefinitely — and could be sent back to prison at anytime — after a hearing to revoke his probation and parole Friday.
Judge John Henning found that Gary Walden violated the terms of his probation and parole, specifically finding he engaged in activity that was intimidating to a witness, which allows for the indefinite home confinement.
Walden was on parole for burglary and probation for conspiracy. Henning placed Walden on home confinement for the probation violation and held sentencing on the probation violation.
“It doesn’t just hang out here,” Henning said, holding his arms up as if he was picking an apple. “It hangs over your head.”
Henning said Walden didn’t necessarily have to do anything else wrong, he could just decide to send him back to the penitentiary in two months.
“You wouldn’t do that, would you?” Walden asked. Henning said he might and Walden said he understood.
Earlier in the hearing, Henning asked Walden to explain what was going on because he wanted to make sure he understood. His responses made Henning question if Walden really thought he was guilty.
Mon County Prosecutor Perri DeChristopher said Walden’s responses were typical — “I did it but…” or it was a “misunderstanding.”
Henning agreed and said the conduct was consistent with his overall behavior.
Walden also must schedule a psychological evaluation within 30 days and complete it within 120 days. After, he must follow the recommendations of the psychologist.
Both DeChristopher and Walden’s attorney, Jim Stacy, asked for the evaluation. Henning said it was also something he was considering because Walden kept engaging in self-destructive behavior.
Walden pleaded guilty to one count of burglary, two counts of first-degree sexual abuse and two counts of conspiracy. Henning sentenced him to 2-10 years in prison in July 2015. Walden was allowed to go on home confinement in February 2017 after developing medical problems and in August 2018, Henning granted him parole.
