Gary L. Wade, 27, of HC 62, Box BB, Pine Grove, pleaded guilty Monday in Wetzel County Circuit to conspiracy to deliver oxycodone.
For this offense, Wade was sentenced to one to five years in the West Virginia Penitentiary for Men, with credit for time served. The execution of this sentence was suspended, and it was determined that Wade would be under the probationary supervision of Chief Probation Officer John D. Lantz for two
years.Wade also agreed to pay $183.27 to the West Virginia State Police Bureau of Criminal Investigations fund, for money that was used to investigate his case.
Wade had been handed down a three-count indictment by the September 2012 grand jury, charging him with drug-related offenses. Count one of Wade's three-count indictment charged him with delivery of oxycodone which allegedly occurred on or about April 17. Count two and three charged Wade with conspiracy to deliver oxycodone and delivery of oxycodone, both of which occurred on or about Sept. 6.
In another matter, the probation of Thomas Clark Johnson, 31, of 312 Mount View Gardens, Waynesburg, Pa., was revoked Friday by The Honorable Judge Mark A. Karl.
June 17 was Johnson's first hearing in regards to the matter, where he admitted to violations. However, Johnson had stated he had a drug problem and wished to instead enter in a daily report center program.
Prosecuting Attorney Timothy Haught stated that he had spoken with Lantz regarding Johnson's violations, and after Lantz had refreshed his recollection concerning Johnson's issues, the state was going to recommend that Johnson be sentenced to one to five years in prison, with credit for time served.
Attorney Jeremiah Gardner stated that although it wasn't Johnson's first time admitting to using drugs, Johnson had a newborn baby and has been working and wants to get help for his drug problem.
Judge Karl stated that this was the third petition to revoke Johnson's probation since he had been released on a Rule 35 reduction in sentence motion. Furthermore, Karl stated that Wetzel County does not participate in the daily report center in Marshall County.
Johnson told Karl that he admitted to messing up in the past, but a couple of months prior to being picked up by law enforcement, he was "headed in the right direction." Johnson added, "I got a good job and a stable home, have a two-month-old son, and if home confinement is out of the question, I'm going to lose my job."
Karl was not persuaded by Johnson, however, and proceeded to sentence him to one to five years in the West Virginia Penitentiary for Men, with credit for time served.
On March 18, 2011, Johnson pleaded guilty by way of information to one count of conspiracy to commit uttering. For this, Johnson was sentenced to the West Virginia Penitentiary for Men for a period of one to five years with credit for 86 days served. On June 24, 2011, Johnson was released on a Rule 35 sentence modification.
Johnson was originally indicted on three counts of the felony offense of forgery said to have occurred between July 22-23, 2010, in Wetzel County wherein he allegedly unlawfully, feloniously, and with the intent to defraud, forged the signature of another person to checks issued by Johnson and made payable to "Thomas Johnson" in the amounts of $240, $300, and $200, respectively to each count. These checks were cashed at a store in Hundred.
However, on Dec. 1, 2011, Johnson admitted to violating terms of his probation by using controlled substances. He tested positive for morphine, hydrocodone, oxycodone, and hydromorphine. For this offense he was confined in the Northern Regional Jail for 60 days with credit for time served. Johnson was released on Dec. 20, 2011, and placed back on probation, which was extended until June 24, 2013.
In another matter, David Shawn Christian, 30, of 187 North State Route 2, Apt. 2, Apt. D101, New Martinsville, was also sentenced to one to 15 years in the West Virginia Penitentiary for Men, after admitting he had violated the rules of home confinement by consuming unprescribed control substances.
Because of this admission, the state agreed to drop any more allegations of home confinement violations, along with pending charges in magistrate court.
Christian pleaded guilty Feb. 6 in Wetzel County Circuit Court to the felony offense of delivery of a controlled substance, oxycodone. For this offense, Christian was sentenced to one to 15 years in the West Virginia Penitentiary for Men, with credit for seven days served.
However, it was determined that, Christian would be incarcerated on home incarceration with work release for a period of one year, after which he would have been released on parole.
In another matter, charges against Jason Scott Dalrymple, 31, of 346 Locust Street, New Martinsville, were dismissed with prejudice June 12 in Wetzel County Circuit Court.
Prosecuting Attorney Timothy Haught said the state had asked that the matter be continued until after the cases of the codefendants had been resolved, incase Dalrymple was needed as a witness. However, since all defendants' cases had resulted in plea agreements, Haught asked that the matter be dismissed.
On Oct. 19, Dalrymple pleaded innocent to the felony offense of conspiracy. His indictment alleges that on or about July 11, Dalrymple conspired with Natasha Lynn Tedrow, Joshua E. Burch, and an unknown white male to deliver Subutex.