Man convicted in Burch jewelry heist to ask for probation
Published 8:00 am Wednesday, August 2, 2023
- Frank E. Leonard
A man who has admitted to his role in a 2020 home invasion that resulted in the theft of a safe that once belonged to the late Western Kentucky University Provost Barbara Burch and injuries inflicted upon a witness has requested probation when he is sentenced next month.
Frank E. Leonard, 39, of Franklin, Tennessee, will appear in Warren Circuit Court on Sept. 26 to be sentenced on charges of second-degree burglary by complicity and theft by unlawful taking of property valued at $10,000 or more.
He is one of five people to have pleaded guilty in the case. A sixth co-defendant, Jeffery Weisman, died earlier this year before his case could be resolved.
Leonard appeared Monday in court with his defense team for what had been his scheduled sentencing hearing, but Warren Circuit Judge John Grise postponed the hearing.
While Leonard has accepted a plea agreement that recommends a 10-year prison sentence, his attorney, Frank Lannom, filed a memorandum on Monday in support of a request that Leonard be placed on probation.
The criminal charges against all co-defendants stemmed from a July 13, 2020, home invasion in which a group of people forced their way into the Smallhouse Road home where the safe was kept.
A woman in the home, Doreen McCloud, was assaulted and restrained with zip ties, suffering ankle and leg fractures, according to court records.
The intruders used a dolly to remove the safe from the home and a wifi signal jammer in an effort to prevent the capture of home surveillance footage, court records show.
Lannom’s filing gives insight into Leonard’s role in the crimes.
Lannom described Leonard as acting as an off-site backup during the home invasion, aiding co-defendant Marshall Belew, who served as a lookout away from the Smallhouse Road property.
Belew is characterized by Lannom as a mentor to Leonard in the jewelry business, with Leonard owning and operating Franklin Fine Jewelry and growing his clientele with Belew’s help.
Leonard volunteered a confession to the Bowling Green Police Department in the investigation’s early stages, and provided information to police and the Warren County Commonwealth’s Attorney’s Office as the probe continued, records show.
Lannom said that Leonard explained to investigators that Belew was owed money by Burch and had planned to take the safe regardless of whether Leonard participated in the scheme.
“Mr. Belew repeatedly asked Mr. Leonard to come with him in his separate vehicle to essentially watch his back should things go wrong,” Lannom said in the filing. “Despite Mr. Leonard’s repeated attempts to dissuade Mr. Belew from proceeding with his plans, he was unsuccessful and ultimately made the horrible choice of going with him to look out for his old friend. Although this does not make him any less culpable, Mr. Leonard was assured by Mr. Belew that no one would be at home when the safe was taken and that no weapons would be used.”
Lannom said that Leonard had limited involvement in the plan compared to other co-defendants, noting that Patricia Weisman was a close friend of Burch and lived with her for a period of time, using the knowledge of the home to help plan the crimes. Burch died in January 2020.
Belew was named as the buyer of guns and wifi jammers for the invasion, and Leonard had no involvement with two of the intruders who would go on to be sentenced, Nicholas Cruz-Palacios and Javier Nunez, Lannom said.
Lannom argued that there is no substantial risk that Leonard would commit new offenses if he were probated and that two of his children have special needs requiring his care.
“Mr. Leonard has shown time and time again how seriously he takes this matter,” Lannom said in the filing. “He came forward, without being asked, to confess his involvement in this crime. Mr. Leonard settled a civil matter with the victims in this case because he knew it was the right thing to do, and he wanted to try and give the victims something in return for what this crime took from them.”
While no official response to Lannom’s request has yet been filed, Warren County Commonwealth’s Attorney Kori Beck Bumgarner argued last week at Belew’s sentencing hearing that Belew’s request for probation “grossly depreciated” the seriousness of the offense, likening the plot to “something out of a movie.”
Belew was sentenced to 10 years in prison after pleading guilty to the same offenses as Leonard.