UPDATED/EXTRA CONTENT: Nighbert indicted for pharmacy burglary, conspiring to sell drugs

To read the complete indictment, click here.

A former Williamsburg police officer will likely stand trial June 1 in federal court for allegedly burglarizing a Williamsburg pharmacy in 2006 and for conspiring with six other people to distribute Oxycodone in Whitley County.

Kenneth Bradley Nighbert, 32, is scheduled to be arraigned this morning in U.S. District Court in London before Magistrate Judge Robert E. Wier.

If convicted he faces up to 35 years in federal prison.

According to the indictment, on Feb. 11, 2006, Nighbert (an officer at the time), and Larry Dan Harville, 30, allegedly burglarized a pharmacy in Williamsburg, and stole more than $500.00 worth of controlled substances during the burglary. Both defendants were also charged with a conspiracy count.

Federal officials declined to say exactly what was taken during the burglary, and didn’t identify the pharmacy.

Williamsburg Police Chief Wayne Bird confirmed Monday that his department investigated a burglary at Whitley Pharmacy on Feb. 11, 2006, but said that he couldn’t discuss other details of the case.

Bird said that his department later turned the investigation over to Kentucky State Police.

The investigation preceding the indictment was conducted by the FBI and the Kentucky State Police, according to a press release issued April 1 by the U.S. Attorney’s Office.

Drug conspiracy

Nighbert and Harville were also indicted along with Michael Scott Ball, 35, Branden Ray Sutton, 32, Shannon Lee Taylor, 28, Tina Elizabeth Davis, 31, all of Williamsburg, and a seventh person, whose named was redacted or blacked out in the publicly released copy of the indictment, for conspiring to distribute Oxycodone in Whitley County starting in December of 2005 and continuing through May 18, 2007.

Federal officials declined to say why the name of the seventh person was redacted in the indictment, which was made public and unsealed on April 1 following the arrest of the defendants.

Additionally, Harville, Ball, Sutton, and Davis were each charged within the indictment for various individual drug trafficking offenses ranging from distribution of pills containing Oxycodone to manufacturing marijuana.

According to the federal indictment, on Sept. 22, 2009, Harville grew and produced less than 50 marijuana plants.
On Sept. 22, 2009, KSP Trooper K.Y. Fuson charged Larry Daniel Harville, 30, of Williamsburg, with cultivating marijuana over five plants, possession of marijuana and use/possession of drug paraphernalia near a Ky. 904E residence, according to the arrest citation.

Harville allegedly had eight marijuana plants growing in his backyard, had marijuana seeds, leaves and scales, and told police that he was growing marijuana, Fuson wrote on the arrest citation.

The Whitley County case is still pending, and a May 26 preliminary hearing is scheduled in the case.

Ball was also indicted on a charge of distributing buprenorphine within 1,000 feet of a school, the University of the Cumberlands, on March 28, 2008.

Other Nighbert charges

Nighbert was also indicted for attempted possession of Oxycodone, possession with the intent to distribute Oxycodone, and possession of a firearm in furtherance of a drug trafficking offense stemming from a May 17, 2007, incident in Laurel County.
On the evening of May 17, Nighbert allegedly showed signs of being under the influence of either drugs or alcohol during an incident on American Greeting Card Road.

A search of Nighbert’s vehicle turned up $32,000 cash, a pistol, and 14 Oxycontin pills concealed in a small metal container near his crotch.

On Feb. 20, 2008, Nighbert pleaded guilty in Laurel Circuit Court to an amended charge of possession of a controlled substance in exchange for prosecutors recommending a five-year prison sentence.

As part of his plea deal with prosecutors, Nighbert agreed to forfeit several items seized by police when he was arrested, including a .40 caliber Glock pistol, cash, a police identification, and badge.

All other Laurel County charges were dismissed as part of the plea agreement, including tampering with physical evidence, impersonating a police officer, possession of drug paraphernalia, and carrying a concealed deadly weapon.

According to Whitley County court records, hours after Nighbert’s Laurel County arrest on March 17, 2007, Kentucky State Police Detective Colan Harrell obtained a warrant to search a residence at 6496 North Highway 25W where Nighbert stayed in Whitley County with his girlfriend, Joritta Nicole Petrey and her mother.

While searching the residence, police seized $2,900 cash, 59 suspected methadone tablets, three record books, a computer and other items, according to court documents.

About 3:30 a.m. on March 18, 2007, Harrell charged Joritta Petrey, 31, with second-degree trafficking in a controlled substance, use/possession of drug paraphernalia, and disorderly conduct.

During a hearing on July 23, 2007, in Whitley District Court, the charges against Petrey were dismissed without prejudice at Harrell’s request, according to court records.

A seventh person named in the indictment, whose name was redacted, was also charged with knowingly and intentionally possessing with the intent to distribute a quantity of pills containing methadone in Whitley County on May 18, 2007.

Facing prison time

According to federal sentencing guidelines, if convicted, those indicted face up to 20 years in prison, a $1 million fine and supervised release of at least three years.

If they have a prior felony drug conviction, those indicted face up to 30 years in prison, a $2 million fine, and at least six years of supervised release.

Nighbert isn’t the only defendant with a prior felony drug conviction, according to an analysis of Whitley Circuit Court records.
According to Whitley County Circuit Court records, Harville and five other people were indicted on Feb. 9, 2009, for allegedly robbing William Rose on Dec. 25, 2008.

Harville pleaded guilty to an amended felony charge of criminal facilitation to commit first-degree robbery, and was sentenced to five years in prison on Jan. 25, 2010.

As part of his plea agreement, the prison sentence was conditionally discharged on the condition that Harville successfully complete drug court.

On March 27, 2008, Tina Elizabeth Davis, 31, of 90 Johns Street, was indicted in Whitley Circuit Court for trafficking in a controlled substance within 1,000 yards of a school. On Feb. 8, 2008, she allegedly sold two Oxycontin pills to a confidential informant for $50, according to her indictment.

She pled guilty and received a five-year prison sentence. All but six months of the sentence was conditionally discharged on the condition that Davis successfully complete drug court, according to court records.

If convicted, Nighbert also faces a potential mandatory five-year sentence for the firearm charge that would run consecutive to any other term of imprisonment. However, any sentence following conviction would be imposed by the court after consideration of the United States sentencing guidelines and the federal statute governing the imposition of sentences.

Other Nighbert offenses

On Nov. 16, 2006, Nighbert pleaded guilty to a single count of first-degree wanton endangerment in Whitley Circuit Court. The charge stems from an April 13, 2006, on-duty crash that injured Connie Jackson, and cost Nighbert his job.

Jackson filed suit against the city, but settled the lawsuit out of court months later for an undisclosed amount of money.

A toxicology test taken about three hours after the accident showed Nighbert had 0.001 milligrams of cocaine in his system, and 0.007 milligrams of Oxycodone.

In late September 2006, Nighbert resigned as a Williamsburg police officer minutes before a scheduled hearing before Mayor Roddy Harrison, which could have lead to his termination.

As part of his Whitley County plea agreement, several other charges against Nighbert were dismissed, including second-degree assault, drug possession, criminal mischief and DUI.

On Dec. 3, 2006, Special Whitley Circuit Judge Jerry Winchester agreed to probate Nighbert’s three-year prison sentence for five years.

Nighbert is the son of former Williamsburg Mayor Bill Nighbert, who was acquitted recently in U.S. District Court on charges related to alleged bid rigging while he served as and Kentucky Transportation Cabinet Secretary.

Court dates

Ball and Sutton pleaded not guilty to the charges during their arraignment on April 2 in U.S. District Court in London before Magistrate Judge Robert E. Wier.

Wier scheduled detention hearings in their cases for this morning, and a jury trial set for June 1 in their case.
The case is expected to take 10 days to try before U.S. District Judge Gregory F. Van Tatenhove, according to federal court records.

The indictment was presented to the grand jury by Assistant United States Attorney W. Samuel Dotson.
The indictment of a person by a grand jury is an accusation only, and that person is presumed innocent unless proven guilty.