Judge rebukes probation violator

Published 9:50 am Thursday, August 25, 2011

A Huntington, W.Va., man who violated his probation got a stern lecture from a judge Wednesday about the privileges of getting probation.

David Malanowski, 30, was on probation for a drug charge. When he pleaded guilty he was sentenced to four years community control sanctions (CCS), also known as probation.

But he failed to report to his probation officer and, when he was arrested, tested positive for marijuana use. Malanowski contended there was an address mixup that prevented him from getting information to and from his probation officer but admitted to the drug use.

Email newsletter signup

Lawrence County Common Pleas Judge D. Scott Bowling sentenced him to three months electronically monitored home confinement and drug counseling. Malanowski must also resume his probation.

Bowling told Malanowski that he had to report to his probation officer as a requirement of his CCS.

“You understand Adult Probation has a long set of requirements and they are going to go over those with you,” Bowling said. “This is strike two, I’m telling you.”

Bowling said Malanowski’s home confinement would allow him to go out of his house only to go to work, church, drug counseling or to see his probation officer.

“I don’t do anything but work these days,” Malanowski told the judge.

“And smoke marijuana, evidently,” Bowling retorted.

Also Wednesday, Brittany N. Sparks, 25, of 147 Township Road, Ironton, pleaded not guilty on a bill of information to one charge of aggravated possession of drugs (oxycodone).

Bowling allowed bond posted in a lower court to continue and added a $10,000 own recognizance (OR) bond to it. Sparks must return to court Sept. 21 for a pretrial conference.