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Men Plead Guilty To Delivery

February 13, 2013
LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

Gary Lee Mallendick, alongside Defense Attorney Thomas White, pleaded guilty Feb. 7 in Wetzel County Circuit Court to the felony offense of delivery of heroin.

For this offense, Judge Mark A. Karl ordered as the state recommended, that Mallendick be sentenced to the West Virginia Penitentiary for Men for one to 15 years, with credit for 62 days served. Due to a malfunction with recorded evidence, the execution of the sentence was suspended and, instead, Mallendick will serve two years on probation.

Additionally, along with two years on probation, Mallendick is to pay $55.95 to the West Virginia State Police for funds expended during the investigation of the case.

In another matter, Jonathan Owens, 28, of HC 68, Box 530, Gunlock, Ky., pleaded guilty to the misdemeanor of driving under the influence.

For this offense, Owens is to serve 48 hours at the Northern Regional Jail. Owens was to appear at the Moundsville location at 8 p.m. on Saturday.

The state agreed to drop the other, felony, charge of possession of a controlled narcotic substance (Xanax) with intent to deliver.

Both offenses are to have occurred on or about July 22. Owens was driving a Ford pickup on Fourth Avenue (state Route 2) in Paden City, while he had an alcohol concentration in his blood of more than 0.15. He also allegedly possessed Xanax with the intent to deliver.

Also, David Shawn Christian, 29, of 187 North State Route 2 Apt. D101, New Martinsville, pleaded guilty Feb. 6 in Wetzel County Circuit Court to the felony offense of delivery of a controlled substance, oxycodone. For this offense, Christian was sentenced to one to 15 years in the West Virginia Penitentiary for Men, with credit for seven days served. Instead, Christian will be on home incarceration with work release for a period of one year, after which he will be released on parole.

Per the terms of the plea agreement, Christian is not to be in the area of the Villas apartment complex in New Martinsville. He is also ordered to pay $125.95 to the West Virginia State Police for reimbursement of monies spent during the investigation. All of these payments are to be made prior to Christian's completion of home incarceration.

Christian was actually not the target of the investigation that led to this charge. However, during the investigation, when making arrangements to receive oxycodone, the confidential informant made contact with Christian, who informed the informant that he could provide the oxycodone pills.

Christian ended up selling the informant two 30 milligram pills for $100. This offense allegedly occurred on or about March 26.

Finally, Malinda Rice, 38, of Rt. 2, Box 8A, Proctor, pleaded guilty in Wetzel County Circuit Court on Feb. 6 to the felony offense of delivery of oxycodone, which is to have occurred on or about June 12.

A pre-sentencing report is to be filed in the case by Chief Probation Officer John D. Lantz and Rice is to return to court March 22, 10 a.m. for sentencing. The state's recommendation is that Rice serve one to 15 years in the West Virginia Penitentiary for Women, with credit for four days already served. Furthermore, the state will not oppose a reduction of sentence, providing a motion for such is filed in a timely manner. If Judge Mark A. Karl rules as the prosecution proposes, Rice would serve at least four months of her sentence and then she would be released for two years of supervised probation.

Rice would also then be required to stay away from the Villas, an apartment complex in New Martinsville. She would also need to pay $41.33 to the West Virginia State Police for monies that were expended during the investigation of her case.

The defense did not oppose the state's argument that the evidence would indicate that Rice, along with two others, made arrangements to meet a buyer at Holy Name Park in New Martinsville.

 
 

 

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