Fairley's motion denied, ordered to prison Feb. 9

Fairley's motion denied, ordered to prison Feb. 9
Kenneth Fairley/Photo credit: HPD

HATTIESBURG, MS (WDAM) - Motions filed by Hub City pastor Kenneth Fairley to extend his "self-surrender" date to a federal prison has been denied, and he has been ordered to report to prison Thursday, Feb. 9.

District Judge Keith Starrett issued the ruling Wednesday afternoon stating a variety of circumstances from the case background in his 17-page ruling.

"On Feb. 8, 2017, the day before he was to report to the Bureau of Prisons to begin serving his sentence, defendant filed a motion asking the Court to extend his report date to Feb. 27, 2017. Therein, defendant represented that he has three doctor's appointments scheduled after his report date. He provided no affidavits from medical providers or other documentation in support of his motion," said Starrett in his order.

Fairley, 63, was sentenced on Dec. 19, 2016, after a six-day trial in September. He was found guilty by a jury of his peers on charges of conspiracy to commit theft of government money and two counts of receiving, retaining, concealing or converting money that belonged to the government, all relating to the government agency of Housing and Urban Development through rehabbing houses in Hattiesburg.

"Throughout this case, defendant has consistently sought to delay its resolution, seeking multiple continuances before trial," Starrett said.

In early January, Fairley's attorneys filed a notice of appeal on his behalf to the United States Court of Appeals for the Fifth Circuit.

"This appeal is from the judgment of conviction, and sentence, as entered on Dec. 19, 2016, and from all other prior orders and rulings that resulted in that judgment of conviction; and for all other purposes permitted by law," according to the appeal submitted by Herbert Larson Jr.,  Arnold Spencer and Sanford Knott.

He was sentenced to three years in in federal prison, ordered to pay $60,223.95 in restitution and a $30,000 fine and was given three years post-release supervision.

"The Court is unaware of when the Bureau of Prisons gave (Fairley) a firm date to surrender himself into custody, but, regardless, defendant has known for over a month and a half that he would be required to report to the Bureau of Prisons within a certain window of time," Starrett said.

According to court guidelines, Fairley's sentencing range fell between 33 to 41 months, meaning his sentence pending the judge's decision should fall in that time frame. Fairley was told to self-report to a designated facility within 72 hours or no later than 60 days from the date of judgment.

"It is time for this case to come to an end and proceed to appeal. The court denies the defendants motion to extend his 'self-surrender' date," said Starrett in his ruling.