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Drugs Land Pair In Prison

By Staff | Jul 29, 2015

Co-defendants Forrest Jack Carroll, 25, and Cody Rice, 23 both appeared in Wetzel County Circuit Court Monday, July 20, due to drug-related offenses.

Carroll previously pleaded guilty to possession of precursors to manufacture methamphetamine. He was sentenced Monday to two to 10 years in the West Virginia Penitentiary for Men.

Judge David W. Hummel reminded Carroll that this was his second conviction. “Two strikes … three and then life in prison,” he told Carroll.

Prosecuting Attorney Timothy Haught said the offense occurred in Wetzel County on Oct. 27, 2014.

“Cody Rice drove the vehicle,” Haught said. “New Martinsville executed a stop because Rice does not have a valid license. Upon approaching the vehicle, the officers saw several items in plain view for meth. The search showed up methamphetamine, lithium batteries, hypodermic needles and Claritin D.”

Carroll admitted to the offense, stating he “got pulled over and had stuff to mix.”

He was sentenced to the two to 10 year prison sentence, to run concurrent with his sentence out of Tyler County.

Carroll was originally indicted by the May 2015 grand jury with possession to precursors to manufacture methamphetamines and conspiracy to deliver a controlled substance (methamphetamines).

Rice pleaded to a lesser included offense of conspiracy to deliver meth. He could face a one to five year prison sentence. However, a pre-sentence investigation is to be conducted.

Rice was originally indicted by the May 2015 grand jury. He was charged with possession of precursors to manufacture methamphetamines and possession of a controlled substance (methamphetamine).

A separate indictment charged him with possession of precursors to manufacture methamphetamines and possession of a controlled substance (methamphetamine) with intent to deliver.

Bradley Phillip Smith, 31, of 616 Foundry St., was sentenced to one year in the Northern Regional Jail and ordered to pay a $500.00 fine for misdemeanor domestic battery. He was originally charged by the January 2015 grand jury with malicious assault and unlawful restraint. He was immediately remanded to jail to serve his sentence.

A pre-sentence investigation was conducted after Smith pleaded guilty to domestic battery on July 10.

Judge Hummel remarked on the photos of the victim, which were attached to the pre-sentence investigation report.

Smith remarked that he guessed the victim and himself “were arguing.”

“I don’t remember much,” he said.

Smith’s attorney, Brent Clyburn, remarked that the night the altercation occurred was the last Smith ever took a drink.

Prosecuting Attorney Timothy Haught reported that Smith had a criminal history, involving a DUI conviction, as well as 120 days in jail for possession.

“Intoxication or drug abuse is no excuse for any crime,” Haught said.

It was mentioned that Smith had a kid and was worried about losing custody.

“Custody isn’t a factor,” Haught said. “A man that treats a lady that way shouldn’t even have custody of kids. The moments the victim had of devastating terror . . . We can’t even imagine she was going through as you repeatedly punched her in the eye.”

“And while you are proud of the fact you have had no alcohol, you advised the probation officer you consumed heroin,” Judge Hummel said, before sentencing Smith to the one year in prison.

The case involving Jeremy Seth Derby, 33, of 812 North 7th Ave., Paden City, has been continued until a voluntariness hearing can be scheduled.

Derby is charged with two counts of sexual assault in the second degree, four charges of sexual abuse by a custodian, and two charges of sexual abuse in the first degree. All of these alleged offenses took place between Aug. 1, 2010, and Aug. 31, 2011.

Likewise, the case involving Michael Allen Ziegler, 35, of Post Office Box 235, 269 North State Route 2 15W, has been continued while the defense awaits an evidence analysis from an expert.

Ziegler’s first indictment charges him with sexual assault in the second degree, sexual abuse in the first degree, and use of a minor to do sexually explicit conduct.

His second indictment charges him with sexual abuse in the first degree and use of minor to do sexually explicit conduct.

Both alleged victims were under the age of 16.