The sentencing of Zachary Jerico has been set aside until Dec. 6, noon, because of compatibility issues with the state's video evidence.
Previously, on Nov. 5, Judge Mark A. Karl had been given a DVD video that allegedly shows Jerico involved with area drug activity.
On Aug. 16, Jerico, 25, of 291 Locust St., New Martinsville, pleaded guilty to conspiracy, in that he conspired with two codefendants to deliver oxycodone, a schedule II controlled substance.
At a sentencing hearing, held on Sept. 21, an investigator of the West Virginia State Police stated he had witnessed Jerico at a high drug area making contact with several others who have involvement with drugs. The investigator stated there were multiple customers in the area, with one sale being made.
Furthermore, the investigator had said that based on his observations, he could assume Jerico has had recent involvement with drugs-this being since Jerico had been handed his indictment.
Video of the controlled buy had been provided to Defense Attorney Frederick Gardner, who said it appeared his client was present at the buy only as a bystander. "He wasn't a party," Gardner said on Nov. 5. "He was just there in a high traffic drug area."
Judge Karl was to make a ruling as to Jerico's sentencing on Friday in Wetzel County Circuit Court. However, he said he had had issues with the DVD. "I have a state of the art DVD player," Karl said. "Can this be played on a computer?"
The prosecution confirmed that the video should be capable of viewing on a computer; therefore, Karl set a return date for Dec. 6, noon.