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Man Pleads Guilty For Possession With Intent to Deliver

By Staff | Nov 19, 2015

John Michael Morgan, 36, of 279 North Fork Road, Pine Grove, pleaded guilty Friday, Nov. 6 to possession of marijuana with intent to deliver. A pre-sentence report is to be filed, and Morgan will return to court Dec. 3, 9 a.m. for sentencing.

Morgan could face one to five years in prison, and per the terms of the plea agreement, he was ordered to forfeit funds that were just under $8,000.

On his Wetzel County Prosecuting Attorney’s Facebook page, Haught credited Wetzel County Sheriff’s Office Deputy Randy Adams with investigating Morgan’s case.

Morgan received a three-count indictment from the September 2015 Grand Jury which charged him with possession of a controlled substance (marijuana) with intent to deliver and two counts of prohibited person in possession of a firearm. These offenses allegedly occurred on Feb. 11, 2015.

In another matter, Cole Michael Mullett, 23, of 456 Martin Avenue, New Martinsville, entered into a conditional plea of possession of marijuana with intent to deliver. For this offense Mullet received a prison sentence of one to five years. This sentence was suspended, as Mullett will be entered into the county’s drug court program. However, Mullett was ordered by Judge David W. Hummel to complete the first 90 days of his probation in jail due to the “cocktail of 10 different substances” found in his system after being tested.

Prosecutor Haught noted that in respect to Mullet’s charges, he was stopped by the sheriff’s office in New Martinsville. A search of his vehicle yielded a quantity of marijuana, a quantity of cocaine, and cash.

Mullett admitted to delivering the marijuana, estimating that he was in possession of possibly five grams. He said he also had cocaine. “I had a problem with opiates,” he said.

Hummel noted that Mullett’s recent drug test revealed 10 drugs in (Mullet’s) system. Mullet claimed the large amount was from what was included in the heroin he had taken in.

“You don’t know what is in the heroin, but you put it in your system anyway,” Hummel noted.

“I wish I didn’t. It’s a disease,” Mullett replied.

Mullett was sentenced to one to five years in prison, with credit for 10 days served. He will serve 36 months of supervised probation and be required to complete drug court. Hummel reiterated that Mullett will serve the first 90 days of his probation in prison, “as a way of detox.”

It was noted that Mullett is currently gainfully employed. Hummel said he would consider re-evaluating Mullett’s prison sentence at 30 or 60 days.

When released from prison, Mullett will be required to serve the first part of his probation on home confinement, with GPS monitoring.

Per the terms of the plea agreement, Mullett was required to forfeit to the WCSO $3,000 seized during the arrest.

Haught credited WCSO Deputy Roger Spragg and his canine for making the arrest and investigating Mullett’s case.

In another matter, Zachary Farley, 22, of 555 Kapple St. New Martinsville, entered into an Alford plea to one count of possession with the intent to deliver heroin.

A pre-sentence report is to be filed in the case, and Farley will return to court 9 a.m., Dec. 3 for sentencing, which the state has reserved the right to argue. The state recommends Farley receive one to 15 years. However, Farley was also found to be appropriate for drug court. Therefore, Haught stated that he would not oppose Farley’s participation if the court leaned in that regard.

Haught stated that in regards to Farley, the sheriff’s office had received information that Farley was possibly involved in a drug transaction and delivery of heroin. A search warrant was intiated in which Farley was found to be in possession of heroin stamps.

“It was a quantity of which the state believes would show an intent to deliver,” Haught stated.

Haught said Farley would claim the stamps were for his personal use, which is why an Alford plea was used for resolution of the case.

Farley agreed that the state had sufficient evidence to convict him of possession with intent to deliver.