After argument of sentence, Jason Lee Derby, 40, of Post Office Box 496, Reader, was sentenced to three to 10 years in the West Virginia Penitentiary for Men on Nov. 5. Previously, on Sept. 26, Derby had pleaded guilty to count one of his indictment, fleeing in an automobile while under the influence.
Prosecutor Tim Haught reported that Derby was charged with a domestic battery while the current case was pending. "Since this was the more severe offense, we agreed to dismiss the domestic battery, as this offense carries three to 10."
Derby's attorney, Kevin Neiswonger, pointed out that Derby "has a significant history with mental health issues."
Jason Lee Derby
"During the time this case was pending . . . Mr. Haught and I had discussed potential plea agreements that involve Derby being on probation and following recommendations by the treating psychologist."
Neiswonger said Derby had been involuntarily hospitalized on three occasions.
Neiswonger said Derby had been prescribed medication, which helped his problems, but Derby stopped taking it. "Derby said during the time (of the offense) he was not taking his medicine as prescribed."
Neiswonger said Derby had no explanation to why he did what he did. "He said he has no idea why he fled . . . he suffers from anxiety."
Neiswonger said personally, he has a tendency to dismiss the idea of anxiety, because he believes some people use it as a crutch or an excuse. Neiswonger said he sees the anxiety, in Derby's case. "He trembles . . . becomes agitated or nervous, paces and gets nervous. It takes me 10-15 minutes to calm him down, and I've seen a change since he's been at Hillcrest. He's had a change. He's still nervous, but much better."
"I don't think he'd deny he put people at risk. He feels very bad about what occurred. But I think if he goes to jail, the meds are going to stop or change; it's not going to be the same he's going to take now."
Neiswonger said if the court allowed probation or home confinement, and allowed Derby to go to the psychiatrist, it'd be good for taxpayers.
"I'm sorry for all my mistakes and bad decisions that I made," Derby said. "I want to apologize to everyone involved in the case and the police department."
However, Judge Mark A. Karl said that when considering all the factors, and all the elements of the offense, he was going to sentence Derby to the West Virginia Penitentiary for three to 10 years.
On October 1, 2012, Derby entered a plea of innocence to charges of misdemeanor DUI and felony fleeing from an officer while DUI. On or about Feb. 11, Derby allegedly fled in an automobile on state Route 2 in New Martinsville and on state Route 7 in Wetzel County from Deputy Eric Daugherty, after Daugherty had activated his blue lights in an attempt to stop the vehicle. The second charge alleges that at this time, Derby had an alcohol concentration in his blood of more than 0.15.
In another matter, Nicky Nicole Mavety, 24, of Route 2 Box 9, New Martinsville, was sentenced to one to five years in the West Virginia Penitentiary for Women for conspiracy to deliver oxycodone. Mavety pleaded to this offense on Sept. 26.
Judge Karl referenced the LSCMI report conducted by Chief Probation Officer John D. Lantz. Karl stated the results bothered him, as it showed Mavety as being very high-risk to re-offend. "She admits she has a significant drug history," Karl stated.
Prosecuting Attorney Timothy Haught recommended Mavety receive one to five years in the West Virginia Penitentiary for Women, "which is consistent with what her codefendant received in the case," Haught stated. "We find she is just as culpable as Mr. Mavety based on the seriousness of this offense and the fact she is a high-risk for re-offending.
Haught continued: "I"d note that while this case was pending, we reason to believe that Mavety was involved in another crime, which involved a theft of checks for monies presumably to buy illegal drugs . . . Based on that, your honor, we recommend she receive one to five years."
Neiswonger argued that while his client was a codefendant, comparing sentences was not fair as George Mavety had a significant criminal history which extends back through his life.
Neiswonger further argued that previous Wetzel County Circuit Court defendant Malinda Rice was granted probation for the same offense as Mavety.
"Ms. Mavety is the mother of two young children," Neiswonger continued. "Since this case has started, she's obtained employment, full-time . . . She needs to work full-time. The LSCMI is in its infancy. I have a hard-time understanding how someone doesn't have a prior record is at high-risk to re-offend."
"(Nicky Mavety) was basically an accessory with her husband . . . She's going to divorce her husband."
Nicky Mavety was then given the chance to speak: "I know I did wrong. I learned my lesson. I have a job. I have two kids, and if you would give me a second chance, I promise I won't let you down," she said.
"I have been in contact with the grandparents of the children," Haught stated. "The grandparents take care of the children, and the problem I have, is Nicky Mavety does not even have those kids."
Haught stated he had received a call from one of the grandparents the day prior to the hearing. "She called yesterday and asked to see them for two hours . . . I have a problem with her saying she has two kids . . . two kids, yes, that the grandparents take care of."
"I do not see you as a successful candidate for probation," Karl told Nicky Mavety, sentencing her to one to five years in the West Virginia Penitentiary for Women.
Karl told Mavety she could file for a reduction in sentence after six months of incarceration. She was given a week to get her affairs in order and was to turn herself in Nov. 11.
By the September 2012 grand jury, Mavety was given a two-count indictment charging her with conspiracy to deliver oxycodone and delivery of oxycodone.
Furthermore, by the September 2013, grand jury, she was charged with two counts of conspiracy to cash forged checks.