Judge Mark A. Karl sentenced Charles Zachary Wells, 23, of Rt. 1 Box 171, New Martinsville, Monday to one to five years in the West Virginia Penitentiary for Men.
The execution of this sentenced has been stayed until March 8 at noon. At this time, Wells is to report to the Wetzel County Sheriff's Office.
Wells was sentenced for conspiracy to deliver oxycodone.
Special Prosecuting Attorney Carl "Worthy" Paul argued for the punishment of prison for Wells, stating he has already had the benefit of home incarceration and benefit of probation. "Nothing has gotten his attention," Paul stated.
"He has had the opportunity for every other method of sentencing." Paul also recognized that Wells had never been employed.
Hart argued that similar offenders had received other forms of punishment other than prison, arguing that several other offenders had been granted home confinement or probation, including codefendant Zachary Jerico. Hart stated that Jerico was "given the privilege of probation with home confinement even though it showed he had been involved in drug trafficking."
"Your honor," Paul argued, "as you know, each individual is treated as an individual. Mr. Wells comes here with a different history. Mr. Jerico has a job and was paying child support." Paul reminded Judge Karl that Stackpole has been unemployed.
"He would prefer to be a criminal," he stated.
Judge Karl agreed with Paul on the matter, reflecting on Wells' list of priors; he did permit Wells' attorney to file a Rule 35b motion for a reduction in sentence once Wells' has served a suitable amount of time.
In another matter, Joshua Burch, 28, of 447B Martin Avenue, New Martinsville, was sentenced to one to five years in the West Virginia Penitentiary for Men for conspiracy to deliver Subutex. However, further recommendation was that Burch's sentence be suspended and, instead, he is to be placed on one year of probation, the first six months being served as home confinement. Burch is to also pay $85.95 for monies expended during the investigation of his case.