Smith sentenced on felony charges
ELKINS — A Hardy County man was sentenced to a total of two to 20 years in prison for possession with the intent to distribute methamphetamine.
On Wednesday, Jonathan Wayne Smith, 45, of Baker, was sentenced by Randolph County Circuit Court Judge Jaymie Wilfong to no less than one, no more than 15 years in the state penitentiary for one count of possession with intent to deliver a controlled substance. He was also sentenced to no less than one, no more than five years for one count of conspiracy. Both sentences will run consecutively.
On March 11, Smith entered into a plea agreement, pleading guilty to one count of possession with intent to deliver a controlled substance and one count of conspiracy, both felonies. Smith was initially indicted in October by the Randolph County Grand Jury on four counts of possession with intent to deliver a controlled substance and one count of conspiracy.
During Smith’s sentencing hearing on Thursday, Randolph County Assistant Prosecuting Attorney Richard Shryock asked the court to sentence Smith to consecutive one to 15 and the one to five terms. Shryock said that the case against Smith involved a “not insignificant” amount of methamphetamine, estimating that over 70 grams of methamphetamine were seized, and that Smith and his co-defendant had admitted their intention to sell drugs. Shryock also informed the court that Smith had three prior felonies on his record, including two instances of possession with intent to deliver, and despite all of this, Smith had continued to distribute drugs.
Smith’s attorney, Paul Gwaltney, then asked the court to give Smith the chance to go to rehabilitation with supervised probation. Gwaltney argued that Smith has attended every court hearing and had previously done well under prior supervised probation. He stated that Smith could not go to rehab before this due to his Medicade being through the state of Maryland and his previous attorney telling Smith he could not leave West Virginia. Gwaltney told the court that Smith had expressed a desire to go to long term rehab.
Smith also addressed the court, stating that he’s “never had a chance for rehab” as he was never given that option when sentenced in the past. He said he was trying to better himself and that he needed to get away from the area as he was sober while in probation in Maryland. He asked the court to give him a chance.
After sentencing Smith, Wilfong explained that, while she agreed that Smith needed rehab, she did not find it “proper” to send Smith to a 90-day rehabilitation center instead of an actual sentence for two felony charges. She said she hoped that Smith would put himself first and immediately enter rehab once he was out of jail.



