ST. CLAIRSVILLE – He wore a badge for 17 years but on Wednesday morning Barry Carpenter was told he will spend nearly three years in prison in connection with a break-in at the home of a woman who served as the surrogate for a celebrity couple.

In a packed courtroom, the former Martins Ferry police chief was sentenced to two years and eight months in prison after being found guilty by a jury in November on charges of receiving stolen property, theft in office and tampering with evidence. The same jury acquitted the former police chief on three other counts including burglary.

The 40-year-old Carpenter received six months in the Belmont County Jail for the fifth degree misdemeanor charge of receiving stolen property, eights months in prison for the felony five theft in office count and two years for tampering with evidence. He had faced a maximum sentence of five years in jail.

During the sentencing procedures, Judge John O. Solovan said the first two sentences would run concurrent while the tampering sentence was to run consecutively.

His attorney Dennis McNamara quickly filed a motion for a new trial in relation to the tampering with evidence conviction. He indicated he would be filing an appeal on the conviction and asking that his client be free on bound through the process.

The proceedings were delayed by approximately two hours as Carpenter was late for the court date due to what was deemed a “misunderstanding” of the scheduled hearing time.

The case gained national attention after Carpenter, along with Bridgeport Police Chief Chad Dojack and businessman Bruce Callarik were accused of plotting to gain information and photos of the surrogate to sell to paparazzi.

The surrogate, Michelle Ross, lived on Colerain Pike in Martins Ferry and was not staying at the residence at the time of the incident which eventually led to the arrest of all three men. She eventually gave birth to the twin daughters of Hollywood couple Sarah Jessica Parker and Matthew Broderick.

Dojack, who is charged with two counts of complicity to commit burglary and one count of complicity to receiving stolen property, is expected to go to trial on Jan. 12. The case against Callarik was dismissed after Special Prosecutor Shawn Hervey said it would be better to use him as a witness. However, he did not testify in the Carpenter case.

Carpenter, who was offered at least four plea deals, had maintained his innocence throughout the entire proceedings.

“In opening statements your attorney said you had made a stupid decision,” Judge Solovan said. “It was stupid and criminal!”

The judge told Carpenter that his failure to take responsibility for his actions and disregard for the office he held was part of the reason for the sentencing.

“The court considered more than the minimum sentence to address the seriousness of the offenders conduct,” the judge said. “There was arrogant disregard for the office he held and to the victim. The defendant continuously refused to be accountable for his action and accept responsibility.”

He went on to say that Carpenter was reckless, arrogant, criminal and in denial.

“Do you belong in prison?” he asked Carpenter. “Yes. And perhaps 32 months is not enough time. But you and only you hold the key to your subsequent release. You were given a fair trial. You were convicted by a jury of your peers yet you accept no responsibility.”

Judge Solovan also noted the many letters of support he received from Carpenter’s family, friends, constituents and supporters but in reading from an email from the victim he became the most animated.

“The day Barry Carpenter walked into my house he walked out with my privacy security and peace of mind,” the judge read from Ross’s victim impact statement.

“I am a real person with a real life and a real home,” she wrote. “How would he like it if this happened to him?

“He took sentimental items and then called it a joke. Tell me why any man (in his position) would get on television and radio and call it a joke? Is that how a police chief should act?”

Carpenter sat silently at the defense table until his attorney read a letter from his mother who said her son was a good man. During that time, he was observed wiping tears from his eyes.

Judge Solovan said that although the charges Carpenter was found guilty of committing might not be “major” to a civilian they were for a police chief.

He told Carpenter that prison was his future and that he owes himself, his children, the victim and the community and should admit that he was wrong.

“I hope that you are able to see this,” Judge Solovan said as her ordered deputies to take the former chief into custody.

Carpenter was first moved into a room adjacent to the courtroom but was soon whisked away to begin his incarceration.

Following the sentencing, Hervey said, as he had in the past, that the entire case was a disappointment.

“This is a sad day for the whole area,” he said. “Michelle Ross will never be able to trust a person in law enforcement. This has left law enforcement with a huge black eye.”

Martins Ferry Mayor Phil Wallace announced two weeks ago that Carpenter had resigned as police chief. He had been on unpaid suspension until that time. The city is currently conducting a search for his replacement.

Sedgmer may be reached at ksedgmer@timesleaderonline.com