George James Mavety, 29, of P.O. Box 97, New Martinsville, was sentenced by Judge Mark A. Karl Friday in Wetzel County Circuit Court to one to five years in the West Virginia Penitentiary for Men. Requests for home confinement and probation were denied.
Mavety pleaded guilty on March 28 to one count of conspiracy to deliver oxycodone. Mavety will be banned from The Villas apartment complex and will agree to pay $41.36 to the West Virginia Bureau of Criminal Investigation.
All of his other charges levied by the September 2012 grand jury were dismissed: entry of a building other than a dwelling, petit larceny, and delivery of oxycodone.
George James Mavety
It was noted by the state at Friday's hearing that a domestic battery charge is currently pending against Mavety.
Defense Attorney Mallet stated his client was charged with conspiracy. "The root of the problem is he is an addict, not a drug dealer . . . If you look at the pre-sentence investigation report, under drug use treatment, Mavety checked boxes . . . The one that he did on his own . . . he requested drug counseling and treatment as a part of his sentence . . . I think that shows a lot on Mr. Mavety."
Mallet continued on to say that his client did not waste time to go through a trial. "If he goes to prison, it doesn't help the root of the problem . . . He's checked those boxes. He wants help for treatment. If we allow him to do that, you have a powerful tool to hang over his head. If you let him go get help, he won't be a burden on the state or the taxpayers of the state. It was five pills for $55, more of a personal consumption, not a drug dealer type of thing . . . We would ask that Your Honor consider the alternative sentence. Allow him to do some sort of drug court in Marshall County or some sort of program at Wellspring. He can get a job."
Mallet explained that the domestic battery complaint was called in by the alleged victim's wife, "who is not a big fan of Mr. Mavety." Mallet stated the alleged victim requested that those charges be dropped two days prior to Friday's hearing. Mallet said the state did not fulfill the request, stating "I think it's to hold over his head."
"I personally don't want him to be arrested in violation of his bond conditions. He was released on a personal recognizance bond, so it kind of doesn't match up to what the prosecution says. We ask you to look at addiction as a part of this and consider the alternative sentence. Help Mr. Mavety beat that addiction and become a productive member of society."
Mavety then apologized to the court, stating he accepted that what he did was wrong and was pleading for a second chance.
"As part of the plea agreement, another felony was dismissed," Special Prosecuting Attorney Carl "Worthy" Paul argued. "He's getting a break with that."
Judge Karl appeared to agree with the state and sentenced Mavety to one to five years. Mavety was then remanded.