Loy Sentenced For Violation
Patrick E. Loy, 32, no address given, was sentenced to 60 days in prison by the Honorable Judge David W. Hummel after violating his probation.
Prosecuting Attorney Timothy Haught stated that Attorney Jeremiah Gardner and he had agreed that the disposition would be that Loy be sentenced to 30 days imprisonment and upon release, be placed into the area’s drug court court program.
“Obviously he has a drug problem,” Haught stated. “That would be my concern . . . He was involved in drugs initially, but I believe he pleaded before drug court was up and running . . .”
Attorney Gardner stated that his client would admit to the violation.
When asked, Loy admitted that his drug of choice was Percocet. Hummel asked Loy when was the last time he had used drugs, and Loy stated it had been two months, which was when he had failed a urine analysis.
Hummel noted that he would have Loy tested and if he was “clean,” he would receive a 30-day sentence and drug court. Hummel stated that if Loy failed the test, he would have to serve his original one to 10 sentence that he was given prior to being placed on two years of probation.
“I’ll probably be dirty,” Loy stated, adding that he had just taken Xanax three or four days ago.
“What else have you been using?” Hummel inquired. Loy stated that the Xanax and Percocet was all.
Hummel stated that since Loy had lied to him, he was going to sentence him to 60 days, followed by drug court.
“I give him a 30 percent chance of successfully completing drug court,” Hummel stated, “but I’ll do all that I can do to help him.”
“While you are in there,” Hummel stated to Loy, “think long and hard about how it is in there. If you fail drug court, it’s all on you.”
In another matter, Trisha Lee Gorby, 28, of P.O. Box 131, Hundred, was sentenced to one to 15 years in prison for failing a drug test and being terminated from drug court.
“It’s my understanding she is going to admit the violations in her petition, and we are going to argue what the appropriate disposition will be in this matter,” Prosecutor Haught noted.
It was noted that Gorby was originally sentenced March 8, 2013, for delivery of morphine. Gorby stated she had served 60 days (sentenced March 5, 2014) on a previous violation for failing a drug test for heroin while pregnant, as well as not showing up for drug court.
“The state’s position is that the court should impose a sentence of one to 15, given the fact that she has a history,” Haught noted. “It’s a third violation as to why we are here. She did the 60-day sentence back in March because of a violation, and then we placed her into the drug court program.” Haught added that the state believed that non-participation in drug court program is a material violation for probation “where the court can make specific findings and revoke her.” He added, “I think her non-participation has in fact been material in this particular case.”
Attorney Shane Mallet stated that the violation this time around “is not for heroin while being pregnant.”
“That was back in March,” he noted. “This time your honor there is no dispute from Ms. Gorby. She wanted to let them know that she did not take it seriously. She understands the ramifications. She did have a work release from her employment, but I don’t know if she got confused, but that’s not an excuse. She did have that here today, but we are here to ask your honor if you would impose a 120 day jail sentence. It’s a significant amount of time to let her know it’s a serious program.”
Mallet added that Gorby did have some “extenuating circumstances” with her husband who has health problems. “We’d ask the court for forgiveness one last time and allow her to serve 120 days to let he know this is her last time.”
An emotional Gorby added that she knows what she did was wrong. “I’ve had things stacked against me, and I ask for another chance,” she said.
“This is kind of a unique situation,” Hummel noted, then referencing a letter Gorby had written him last time she was put in prison for a probation revocation. At that time, Gorby had stated that if she was given one more chance and then messed up again, she would serve the maximum 15-year sentence.
“The court inquired if it was true, and the defendant responded in the affirmative,” Hummel noted.
Hummel stated he would save Gorby from herself, and sentenced her to one to 15 years, not instituting the maximum.
In another matter, Devon Lewis Phillips, 22, of Route 1 Box 182, New Martinsville, was released on a motion for reduction of sentence. On April 10, Phillips entered a guilty plea to one information count of uttering. His conditional plea proposed that he would be released after six months of incarceration, with credit for time served. Phillips’ plea stated that he would then be entered in the drug court treatment program and would be placed on two years of supervised probation.
“Did you pass Ms. Gorby in the hallway?,” Hummel asked Phillips, who replied in the affirmative.
“She’s doing one to 15 now,” Hummel noted. “She did not fully participate or take drug court seriously, so now she’s going to prison.”
“I would remind (Phillips) that if he successfully completes (drug court), I’m inclined to dismiss this drug charge,” said Haught.
“He has the opportunity here not to have a felony conviction for the rest of his life and be employable. However, if he screws it up, I’ll be arguing the same thing I just argued with Ms. Gorby’s case.”