Man gets 18 months in suboxone case

Published 10:22 am Thursday, February 23, 2017

Chesapeake man sentenced to six years in thefts

Addiction, explained attorney Warren Morford, caused his client to attempt to convey prohibited substances onto the grounds of a detention facility.

Timothy J. Sizemore, 28, of Flatwoods, was “trying not to be drug sick” when he attempted to have someone bring suboxone into the jail for him, Morford said. But that action landed Sizemore, who was already in jail on a misdemeanor charge, an 18-month sentence in a negotiated plea with the prosecutor’s office.

Sizemore pleaded guilty on Wednesday morning and confirmed his signature of a waiver of indictment and plea of guilty form.

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Sizemore expressed his regret to Ballard for attempting to convey the suboxone into the facility, noting that he “came in on a misdemeanor… (then) turned it into a felony.”

Ballard followed the suggestions of the negotiated plea and sentenced Sizemore to 18 months of prison, with credit for time served.

Ballard also sentenced Albert W. Jenkins, 25, of Pedro, to six months in prison on one count of possession of methamphetamine and on one count of failure to appear.

Richard D. Cremeans, 41, of Medina, was sentenced to 73 days in prison after admitting to violating his community control sanctions after being caught in possession of cocaine.

Jeremy Harless, 39, of Proctorville pleaded guilty to theft from a person in a protected class, and was sentenced to 8 months in prison and ordered to pay $1,020 in restitution.

Trent S. Smoot, 38, of South Point, was sentenced to a total of 42 months on his three counts related to driving while under the influence of alcohol, and had his driver’s license suspended for life. On his first count, Smoot was sentenced to 30 months in an appropriate penal institution, fined $9,000, and given a lifetime license suspension. On his second count, Smoot was sentenced to six month, to run concurrently with his first sentence and three years of post release control. On the third count, of CCS violations, Smooth was sentenced to 12 months, to run consecutively, resulting in a total sentence of 42 months.

Ballard justified the lifetime license suspension noting that it was “necessary to protect the public from future claims,” because of his history of driving under the influence.

Danny Sellards, 35, of South Point, pleaded guilty in a child support case and was ordered to set up a payment plan to remit $30,914.30 in back child support. Failure to do so could result in 11 months of prison time.

Dean F. Fields and Derek M. Goorey went through pre-trials and had their court dates set for March 30 and March 15, respectively. Fields, 53, of Ironton is charged with failure to comply with an order or signal from a police officer, tampering with evidence and improperly handling firearms in a motor vehicle. Goorey, 27, is charged with one count of domestic violence and one count of disrupting public service.

Terren Jenkins, age and last known address unknown, was also charged with domestic violence. Jenkins pleaded not guilty to one count of causing or attempting to cause harm to a juvenile in the home and one charge of domestic violence. Jenkins, who has a previous history of domestic violence, had his pre-trial set for March 1.

Corey B. Julian, 26, of Chesapeake, was sentenced to four years of community control sanctions, 200 hours of community service, to complete a program at STAR Community Justice Center, and to pay restitution of $1,155. Julian was charged with four counts of theft from a protected class.

Finally, both Evelyn M. Caplinger, 44, of Ironton, and Jimmy L. Holbrook, 36, of Branchland, West Virginia, denied violating their community control sanctions and had their trial dates set for March 1 and March 8, respectively.

In Judge Charles Cooper’s courtroom James L. Bowling was found not guilty by reasons of insanity and remitted to the hospital for treatment. Bowling, 59, of Ashland had been charged with making terroristic threats and aggravated menacing after threatening a police officer in Ironton.

Walter Briggs II, Justin R. Dennison, William K. Elkins, Sr., Ric A. Massie, Kimberly Montgomery, and Frances N. White had their cases continued.

Briggs, 26, of Detroit, is charged with trafficking in methamphetamine and marijuana, and possession of methamphetamine.

Dennison, 39, of Proctorville, is charged with aggravated menacing, abduction, aggravated arson, and carrying a concealed weapon.

Elkins, 56, of Chesapeake, is charged with aggravated murder.

Massie, 46, of Proctorville, is charged with theft.

Montgomery, 50, of Ironton, is charged with three counts of trafficking in Oxycodone and one count of engaging in a pattern of corrupt activity.

White, 21, of East Bank Kanawha, West Virginia, is charged with trafficking in cocaine, possession of cocaine, improper handling of a firearm, obstructing justice, possession of drug paraphernalia, and possession of marijuana.

Cooper dismissed charges in the case of Clayton Hill, 25, of Inkster, Michigan. Hill was charged with possession of and trafficking in Oxycodone.

Lowell Ratliff, 35 of Ironton, had his evaluation admitted and was found competent to stand trial. Ratliff is charged with possession of heroin.

Joseph Bentley, 36 of Ashland, pleaded guilty to possession of heroin and sentenced to six months in jail.

Benjamin Carrico, 42, of Chesapeake, was found guilty and sentenced to six years on six counts and ordered to pay a total of $1,150 in restitution. Carrico was charged with two counts of theft of a firearm, two counts of burglary, theft of a motor vehicle, and breaking and entering.