Spencer sentenced to 56 months
Ballard endorses prosecutor’s sentence, cites criminal history
John A. Spencer, 23, of Ironton, was sentenced in Judge Andrew Ballard’s courtroom on Wednesday to 14 months of prison, and a $5,000 fine, on each of his four counts, for a total of 56 months and $20,000 in fines, with three years of post release control.
Spencer, who was found guilt by jury on March 17 of three counts of trafficking in cocaine and one count of complicity to trafficking in cocaine, with proximity to schools or children stipulations on each, looked humbled and chastened, his voice soft and his gaze directed downward. It was a far cry from the unabashed confidence and humor
Spencer displayed while the jury deliberated his fate two weeks ago.
Spencer’s attorney Roger Smith argued that his client was indigent, and asked for the fines to be waived as a result, but assistant prosecutor Mike Gleichauf, argued that the state felt Spencer was not indigent. Gleichauf also dismissed requests from Smith for a lesser sentence offered in previous plea negotiations, stating that previous offers of four years, with potential for release after two years, and for three years, out in one year, with the surrender of $2,873 in cash found with Spencer when he was arrested to the drug task force, had been rejected by Smith and Spencer.
Smith had requested that those funds be returned to Spencer’s sister, for his rent and living expenses while staying with her, but Judge Ballard ruled that the $2,873 in cash be applied toward the $20,000 in total fines that Spencer owes the state.
Smith told the court that Spencer did not wish to take any appellate action at that time, but was reminded by Ballard that his client had 30 days to change his mind if he would like to appeal the decision.
In other action in Ballard’s courtroom on Wednesday, Ann Bowen, 29, of Scottown, was sentenced to 10 months in prison on CCS violations.
Isaac W. Hannon, 34, of Ironton, pleaded not guilty on charges of trafficking in heroin. Hannon had his bond set at $50,000 cash or surety, $100,000 property, and $25,000 own recognizances.
Wendi Jenkins, 36, of Ironton, pleaded guilty to a charge of theft, a felony of the fifth degree, for stealing $5,563 from a McDonald’s restaurant. Jenkins sentencing is set for May 10, and she is expected to be offered four years of probation, and released, if she can pay full restitution to the company by then. Ballard reminded her that this means the complete sum.
“If you show up with $5,560, and not that last three dollars,” Ballard explained to Jenkins, she would have to serve some time in a penal institution prior to receiving release on CCS.
Anthony Jones, 27, of Huntington, had his pretrial on charges of F5 theft and pleaded not guilty to charges of receiving stolen property in another case. Jones was released on a $50,000 own recognizances bond.
Teddy D. Moore, 54, of South Point, also had his pretrial scheduled on four counts of trafficking in methamphetamine.
Tisha Ramey, 29, of Huntington, had her pretrial on one count each of forgery involving checks and receiving stolen property, and had the date of her next appearance set for April 5.
Christopher Strait, 44, of Ironton, had his appearance delayed on possession of heroin charges.
Rikki D. Wurts, 21, of Ashland, pleaded guilty to possession of drugs and paraphernalia, and was sentenced to treatment-in-lieu. She will be required to complete 200 hours of community service, undergo treatment at Mended Reeds, and submit to drug testing.
Brittany White, 31, of Coal Grove, also pleaded guilty to a count each of possession of heroin and possession of paraphernalia, and was sentenced to treatment-in-lieu. She will also be required to complete 200 hours of community service, undergo treatment at Mended Reeds, and submit to drug testing.
She must also where an ankle GPS monitor until she enters a treatment program.