Although the defendant asked to be probated, Special Judge Ken Howard sentenced former Daviess County Sheriff’s Office Deputy Troy Calvert to five years in prison Friday. After hearing testimony from the Daviess County Commonwealth’s Attorney’s Office, victim impact statements from Calvert’s wife and children, a detailed pre-sentence investigation (PSI) report and statements from Calvert, Howard said he determined a prison sentence to be necessary.
“I find that imprisonment is necessary, as you have agreed it is,” Howard said. “You need correctional treatment that can most effectively — and by effectively, I mean safely — bind your commitment to a correctional institution.”
Howard said the nature of Calvert’s charges, which include five counts of retaliation against a participant in the legal process, went into his decision to imprison Calvert. These charges included threats of violence Calvert admitted making to Circuit Judge Julie Hawes Gordon, Circuit Judge Jay Wethington, his ex-wife and two children. Calvert, 37, of Philpot, pleaded guilty to those five charges on Sept. 25.
“You challenged the justice system itself,” Howard said. “The probation [as opposed to a sentence] in this case would’ve depreciated the seriousness of your crimes and the multitude of those felony crimes.”
Calvert’s request to be probated was denied by the judge at Friday’s sentencing, though he will be eligible to appear before the parole board after serving 90 days in prison.
Howard told Calvert he’d have the ability to file a motion for shock probation 90 days after his sentence begins. If the parole board were to grant Calvert shock probation, the defendant could have absolutely no contact with his ex-wife and children for the next five years.
“Let me explain to you what I mean by ‘no contact,’ so there can’t be any confusion about that,” Howard told him. “No contact is direct, face-to-face, telephonically, social media, internet. It’s not through a third-party, not a friend, not a family member.”
Calvert is scheduled to appear in Family Court in December for a separate case regarding his family and can be transported to Daviess County from whatever prison facility he’ll be stationed at to participate in those proceedings. But the no-contact stipulation still sticks, Howard said.
“You’re entitled to participate in legal proceedings, but don’t be confused,” he told Calvert. “You’re obligated — unless I modify the order — to have no other contact [otherwise].”
The five years for each sentence will run concurrently together for a total sentence of five years.
