KINGWOOD, W.Va. — A Tunnelton couple who pleaded guilty to child neglect after their children were found living without heat, water or electricity in freezing temperatures were sentenced to probation Monday.
Joseph and Brandy Velone each received a one-to-five-year prison sentence. Preston Circuit Judge Steve Shaffer suspended each sentence and gave the Velones four years of probation. The penalty for child neglect with the risk of injury is a fine of $1,000-$3,000 and one-to-five years in prison or both. Preston Assistant Prosecuting Attorney Megan Allender told the court she disagreed with some of the statements Brandy Velone made.
“I would disregard the statement her husband has no substance abuse problems,” Allender said. Brandy Velone’s attorney, Sally Collins, said her client suffers from seizures and was recently awarded Social Security.
“She has a steady income now and has signed up for HUD housing,” Collins said.
In addition to four years probation, Shaffer ordered Brandy Velone to pay court costs, have random drug tests and participate in the Community Corrections Program. Jay Shay, Joseph Velone’s attorney, told the court he understood the house was in bad condition. He said Velone has no prior felonies.
“I don’t believe we will not gain anything by sending him to prison,” Shay said.
Shaffer told Joseph Velone he read in the pre-sentencing investigation that Velone worked 12 hours a day and that was why the house was in such bad condition. Joseph Velone said he does odd jobs and works six to eight hours a day. He said he was paid $30 a day.
“Why are you working for $5 an hour when you can make minimum wage?” Shaffer asked.
Joseph Velone said he does odd jobs because he doesn’t have a vehicle.
“I’ll give you credit for time served and put you on four years probation,” Shaffer told Joseph Velone. “For every week you are not full-time employed at a minimum wage job you will put in 20 hours at Community Corrections. You can get a paying job or work for me for nothing.”
According to the criminal complaint, inside the house was nearly the same temperature as outside — 32 degrees. Brandy Velone said they had run out of wood with which to heat three days earlier, according to the complaint, Officers said the water was frozen, filthy dishes covered the sink, the house was filled with garbage, cobwebs coated the ceilings, bottles of pills were strewn about and there were stacks of cans of soda in the parents’ bedroom. Shaffer ordered both Velones to register with the Child Abuse Offenders Registry. TWEET @DominionPostWV
