FAIRMONT — A Rivesville man recently sentenced to strict home confinement on animal cruelty charges is back in jail for missing his appointment to begin his sentence.

Thirty-six-old Justin Ryan Lancianese is in the North Central Regional Jail with no bond set.

When Lancianese failed to show up to start home confinement Tuesday, Marion County Judge Patrick N. Wilson issued an order for Lancianese’s arrest in response to a request from the Marion County Prosecutor’s Office.

A revocation hearing for Lancianese has been set for 9 a.m. Dec. 6 before Wilson.

According to Marion County Assistant Prosecuting Attorney Dennis B. Kittle, Lancianese was due to report to the home confinement office at 9 a.m. Tuesday, but did not.

He said Lancianese said he would be there at a later time, but still didn’t show up. Lancianese then called and said he would be there at 12:30 p.m, but didn’t show up until 1:45 p.m., at which point, he was placed in custody, Kittle said.

At the revocation hearing, Kittle said Lancianese could face a first tier of sanctions of up to 60 days in jail. However, Kittle said the judge could deviate at any time from the sanctions and impose the underlying sentence on Lancianese of no less than 1 one year to no more than 5 years of incarceration. The home confinement sentence had been an alternative to incarceration that was offered to Lancianese at his sentencing.

When asked for comment, Casey Johnson, who adopted the Yorkie Lancianese once owned and abandoned, said, “Karma worked fast! We will keep our eyes out for (the) next court date. We will be there to see if he gets a more appropriate sentence now that he has disregarded what the Court set in front of him. I feel he was given a gift of no jail, even the gift of paying half cost of services for confinement spread out so he could afford them. Now it’s time for the law to do what’s right. It’s been proven time and time that Animal abuse is the gateway to child/spouse abuse. Abusers pick on and abuse the voiceless.”

Johnson attended Lancianese’s sentencing with other spectators who filled the courtroom. The case drew widespread attention to a point that the community held fundraising events to pay for Winston to have cataract surgery to restore his sight.

“Justice for Winston” became a popular slogan, printed on T-shirts that many at the sentencing wore. There was also an attempt to pass “Winston’s Bill,” an animal cruelty bill named after Winston, but it was unsuccessful.

According to the original criminal complaint, on July 30, 2018, Lancianese took his Yorkie dog and placed it in a blue/red cooler bag, zipped up with a Twilight book and a CVS card inside, and tossed the dog near the Rivesville Power Plant. The dog was left to die without food, water or shelter.

When she learned about Lancianese’s latest run in with the law, Alexis Potesta, a kennel technician at the Marion County Humane Society, said she expected he would would wind up back in jail.

“We’re not surprised, not at all, none of us,” she said.

She said a lot of people are saying, “this is what you get, karma.”

During the sentencing, the defense produced expert witness Edward Baker who evaluated Lancianese. Baker testified that Lancianese has post traumatic stress disorder that was exacerbated by use of various drugs, including methamphetamine, marijuana, buprenorphine and benzodiazepines. He said Lancianese also had personality syndromes, heard voices, was paranoid, had a suicidal complex and felt hopeless and in despair.

Eric Hrin can be reached at 304-367-2549, or ehrin@timeswv.com.

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