5/19/11 Drug offenders get residential treatment for marijuana sales

  • By Nick Sabo
  • May 19, 2011
  • 268
                        
SUMMARY: Confidential informant had prior relationship with Smucker Defendants charged with selling marijuana in Holmes County were sentenced Tuesday May 17. Sentenced in Holmes County Common Pleas Court were William J.B. Boley, 35, 461 Moose Drive, Killbuck, and Mendy Smucker, 32, 28379 Township Road 34, Warsaw. Smucker’s hearing included written testimony from the confidential informant working with Medway Drug Enforcement Agency, who said he approached Smucker as a way to get back at her for issues in a prior romantic relationship. Smucker previously pleaded to trafficking in marijuana and endangering children. The charges stem from April 30, 2010, when Smucker sold marijuana to the confidential informant for $50 with her minor child in the car. Jeff Kellogg, Smucker’s attorney, read from a letter submitted to the court by the informant. The informant wrote he is “regretful” for his actions, and Smucker “did what she did because of me...she is not a drug dealer.” Kellogg further said the relationship between Smucker and the informant was such that she did not feel the child was in danger. “She didn’t feel her child was at risk,” Kellogg said. “The sale was at a gas station and the risk was minimized.” Prosecuting Attorney Steve Knowling said the case is less serious than some other drug offenses placed before the court. “If it wasn’t in the presence of a child, this whole case would have been resolved in municipal court” as a misdemeanor offense, Knowling said. Common Pleas Court Judge Robert D. Rinfret sentenced Smucker to up to six months treatment at the Stark Regional Community Control Center. Smucker was further ordered to pay back the $50 spent by Medway to conduct the buy. Boley was sentenced by Rinfret one on count of trafficking in marijuana in the vicinity of a school to six months at SRCCC. The charge against Boley stems from June 3, 2010, when Boley sold marijuana to a confidential informant. In exchange for his guilty plea, a second marijuana trafficking charge was dropped. Rinfret further ordered Boley to pay back the $130 buy money.


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