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Farley Receives One To Five Years for Drugs

By Staff | Dec 8, 2015

A New Martinsville man was sentenced to one to15 years in prison for possession.

Judge David W. Hummel sentenced Zachary Farley, 22, of 55 Kapple St. New Martinsville to one to 15 years in prison for possession with the intent to deliver heroin.

Farley had previously pleaded guilty to the offense Nov. 6 in Wetzel County Circuit Court.

When pleading for his freedom Farley told Hummel that he had a daughter. He said he knew that the risk assessment portion of his pre-sentencing report labeled him as high risk but he wanted a chance to complete drug court.

“I’ll complete the drug court program. I’ll get a job,” Farley stated.

Defense Attorney Brett Ferro stated that his client is enthusiastic about wanting to go to drug court. He said his client is capable of working and has completed side jobs.

“Instead of being a good drug addict, he would like to be a good father and a good member of the community.”

Ferro said drug court was a chance for Farley to save his life. Ferro remarked that when Farley was arrested for his crime, he was found in the Witschey’s parking lot, passed out, after using heroin.

Ferro stated that his client had entered into an Alford plea due to the fact that he disputed the state’s accusation that he was distributing heroin. However, Ferro argued, his client signed a stipulation that the drugs found with him was heroin so that the state police wouldn’t have to travel to Wetzel County to testify.

“He signed a stipulation that the drug was heroin so the state police wouldn’t have to come and testify,” Ferro noted.

Prosecuting Attorney Timothy Haught argued that this was not the first time Farley had been in court for criminal conduct.

Haught stated that he believed Farley was actually out of jail on bond when he was picked up for his current crime.

“I had begged his parents not to bond him out,” Haught said. “Bonding a drug addict out is the worst thing you could do for them. I think they need to stay in jail to dry out.”

Haught said that Farley ended up being found slumped over in his car, with a needle in his arm.

“Although he had this Alford plea, you’ll see that in the pre-sentencing report, he told the undersigning officer that he had 50 stamps of heroin and he was selling just enough to support his habit. He reported he wanted to get help and better his life. But what bothers me is that he was selling enough just to support his own habit,” Haught said.

Haught added that when searching the purse of the mother of Farley’s child, empty heroin stamps were found.

“What I suspect is that Mr. Farley might have been the supplier for the mother of his child. The fact that he had 50 stamps in his waistband, and she having stamps in her purse . . . it gives me a lot of pause for concern,” Haught noted.

“Good parents do not use drugs,” Haught said. “If you are using drugs, you are not a good parent. You are not setting a good example. You are not a good parent. This is not his first run-in with the law. I have concerns myself about putting him back on the street. I think he should be sentenced to one to 15 years in prison.”

Haught said he was going to leave the decision of drug court to the discretion of the court. He added that he has a great amount of confidence in the drug court program and has a “great deal of confidence in the way the court supervises the drug court program.”

Farley told Hummel that he had never said he was a good father.

“I’m a drug addict, and I do need help,” he said, requesting that Hummel send him to drug court.

“Put me on GPS, and give me a chance.”

Hummel asked Farley if he had sought help when he was previously convicted for heroin. Farley had responded that he had attended four AA meetings. He had not been to the library to research drug addiction, nor had he visited Northwood or any other facility to seek help.

“Referencing the report on Farley, Hummel noted that “to say you have had a difficult growing up would be an understatement.”

He added, “You have some more growing up to do. You are going to prison. Our community will be safe from you and your supporting of your habit. When you get out, come see us. We’ll help you. But at this point, incarceraiton is what is appropriate.”