By Jean A. Flanagan
Zachery Lafollette, 25, has been to Drug Court and was terminated. He was on probation and that probation was revoked. Recently, he went to the Lead Drug Treatment Academy and was discharged in September for using methamphetamine.
A warrant was issued for his arrest and when he was located, he was charged with obstruction of law enforcement and possession of a Schedule III controlled substance.[private]
Lafollette was one of several cases heard by Judge C. Carter Williams in Hardy County Circuit Court on Thursday, Nov. 9.
Lafollette’s attorney J. David Judy said he discussed the case with the Prosecuting Attorney and requested a count of Lafollette’s time served. “He’s probably between 500 and 600 days,” he said.
Williams said he would impose the original sentences, to run concurrently, with credit for time served.
In 2011, Lafollette pleaded guilty to one count of forgery and in 2013 pleaded guilty to one count of burglary. Those penalties are not less than one year and not more than 10 years for forgery and not less than one year and not more than 15 years for burglary.
Eric B. Rhodes, was sentenced to 60 days in jail for his first probation violation. Rhodes pleaded guilty in March for possession with intent to deliver a Schedule I controlled substance. He was sent for a 60-day evaluation and placed on probation.
On Oct. 17, Rhodes’ probation officer reported he tested positive for cocaine.
“You had no problem on bond,” Williams said. “You were remorseful, but you’re back here in less than four months.”
“It was after a football game,” Rhodes said. “I visited someone. I didn’t know it would be there. I did it for no good reason.”
Rhodes’ attorney, Brian Vance, asked if the sentence could be done on weekends.
“He has to do 30 days,” Williams said. “The rest he can do on weekends.”
Williams revoked the bond of Jeffrey Kesner, following an incident at the Day Report Center. According to testimony offered by Day Report Counselors, Kesner reported for a drug screening as ordered and saw someone at the DRC who made him angry. He verbally abused the other client and one of the DRC counselors.
“You had a $50,000 bond and it was reduced to a $5,000 personal recognizance bond,” Williams said. “You were allowed to go to the Day Report Center. You were given a huge break and you have the audacity to verbally abuse the counselors who are trying to help you.”
Williams revoked the PR bond and placed Kesner on $10,000 surety bond.
Kesner requested to be transferred to Grant County, where he currently resides. Williams said that request would be at the discretion of the Hardy County probation officer.
Joshua Rutherford pleaded guilty in May to possession with intent to deliver a Schedule I controlled substance. He was free on bond, awaiting a 60-day evaluation. On May 21, he was arrested in Frederick County, Md. According to Rutherford’s attorney, Joshua Orndorff, Rutherford served 90 days in jail in Maryland and was placed on probation.
“I don’t see a need for a 60-day evaluation, but I will honor the terms of the plea agreement,” Williams said. “I can tell you, because of the incidents in Maryland, the chance of probation are slim to none.”
Williams revoked Rutherford’s bond and ordered him to report for a 60-day evaluation.
Brittany N. Smith, 28, and Hunter W. Adkins, 31, both of Petersburg, entered guilty pleas were remanded to the custody of Drug Court. Smith pleaded guilty to conspiracy and Adkins pleaded guilty to burglary. Their pleas are held in abeyance and if they successfully complete the Drug Court program their charges will be reduced to misdemeanor conspiracy.[/private]