SALYERSVILLE - A Magoffin County man originally charged with murder was sentenced on Thursday, receiving three years, probated.
Daniel H. Hackworth, 35, of Salyersville, was indicted in March 2013 on one count of murder in the first degree (a Class A felony). According to the indictment, on or about January 7, Hackworth allegedly committed murder when, with the intent to cause the death of another person, namely, Donnie R. Allen, he caused the death of such person.
In January 2013 officials confirmed Donnie Allen, 49, was fatally shot on January 7, at his home on Route 40 in Magoffin County.
While a jury trial was scheduled for earlier this month, Hackworth, represented by Emma Jones and Carla Bowens-Tackett with the Department of Public Advocacy, was rearraigned on Thursday, April 3, opting to take the Alford Plea for an amended charge of reckless homicide, a Class D felony.
The offer from the Commonwealth attorney, which was accepted by Judge Kim Childers, listed that the state of the evidence was the reason for the amended charge and recommended three years in prison, probated for a period of three years, and no contact with the sons of the victim.
When a criminal defendant takes an Alford Plea, he/she does not admit the act, but admits that the prosecution could likely prove the charge. The court will pronounce the defendant guilty.
On Thursday, April 17, Judge Childers found him guilty of reckless homicide and, due to his eligibility determined in the pre-sentence investigation, sentenced him to three years in prison, to be probated for a period of three years. As a further condition, Hackworth is to have no contact with the sons of the victim.
His probation will be supervised by the Division of Probation and Parole and he is responsible for the court costs of $130. He is credited with time spent in custody prior to sentencing, as determined by the Department of Corrections. Hackworth will be subject to random drug and alcohol screenings and he will be responsible for all fees associated with the testing. He must undergo substance abuse evaluation and follow through will all recommendations as to treatment. During his probation, he will not be allowed to take any narcotic medication without a letter in writing from a physician and can only use one pharmacy for any prescription medications. He must perform 20 hours per week of community labor in Magoffin County for any week he is not employed full time. The Division of Probation and Parole was further ordered to incorporate his criminogenic needs into his probation, taking all appropriate measures to reduce his criminal propensities.
Editor's Note: The indictment of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.