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Rice Sentenced One to 15 Years

By Staff | Jul 29, 2015

Malinda Rice, 41, of Route 2 Box 8A, Proctor, was sentenced to her original one- to 15-year prison sentence Monday, July 20, in Wetzel County Circuit Court.

Probation Officer Stephanie Moore testified in circuit court, before the Judge David W. Hummel, regarding Rice’s various probation violations, the one most discussed being her lack of completion of an alternative court program.

Rice testified she was supposed to attend the court program but was unable to attend because of a lack of transportation which stemmed from an altercation at her residence. Rice said she was unable to report her situation to probation because she was in Wick, West Virginia for three weeks.

Judge Hummel noted Rice violated her probation once prior, and ruled she violated the terms and conditions of probation this time around as well. “The court tried to help (Rice),” he said. “She should’ve contacted someone. She relocated. The court was here with all its resources.”

Therefore, Rice was sentenced to an underlying one to 15 year sentence.

Rice pleaded guilty February 6, 2013 to the felony offense of delivery of oxycodone.

In another matter, Justin Kyle Smith, 26, of 524 Martin Avenue, admitted to violating the terms and conditions of his probation by being expelled from drug court.

Smith’s underlying sentence was a one to 15 year prison sentence for delivery of oxycodone.

Smith confessed to violating the terms of probation, admitting he was failing urine tests and went to rehab for eight days.

Smith said he was “addicted pretty bad,” adding he got pulled over and failed to report the interaction with law enforcement.

Smith told the court he has a significant other and a child. Additionally, Smith said he had a job where he made $8 an hour and worked 50 to 80 hours a week. Smith said he left rehab after eight days as it was “too hard.” He admitted to using drugs again and was picked up by Wetzel County Sheriff’s Office.

“I screwed up twice. I’m ready to go home and be a dad,” Smith said, adding that since he’s been in prison, he “has a good start.”

Smith pleaded guilty in May 2013 to delivery of oxycodone.

The probation of Robert Thomas White, Jr., 42, of HC 61 Box 97, Littleton, was extended until December 30, 2015. Prosecuting Attorney Timothy Haught said White has approximately $3,000 left to pay in court costs.

White pleaded guilty December 6, 2013 to third offense driving on a license revoked for driving under the influence.

Thomas Welch, 51, was sentenced to five years in prison after violating the terms of his supervised release after serving his prior sentence.

Judge Hummel stated it would benefit Welch, along with society, if the court could find a place for Welch to seek the mental treatment he needs.

Hummel ordered for Welch to serve the additional five years, but added a motion for reduction in granted would be granted if a treatment center could be found.

On April 9, 2012, Welch signed a plea agreement that stipulated

concurrent sentences of one to five years in the West Virginia Penitentiary for Men for felony failure to register as a sex offender and five years for his original two counts sexual abuse in the third degree. Those latter charges were changed at the time of his plea in 2009 from sexual assault. Also at that time counts three, four, and five of sexual assault were dismissed.