The Register-Herald, Beckley, West Virginia

Local News

November 11, 2007

Braxton man sentenced on drug conviction

Christine Boone

SUMMERSVILLE — During a routine traffic stop by Nicholas County Sheriff’s Cpl. Walter Shafer in February, authorities said, a Braxton County man was found to be in possession of a loaded firearm and marijuana.

Now, Roy Utt, 35, of Sutton, will be spending the next year or more in prison for having items consistent in the selling of drugs, a judge ruled last week.

Utt pleaded guilty in September to a prosecutor’s information charging him with possession of a controlled substance with intent to deliver.

During the traffic stop, Shafer said he found Utt in possession of marijuana, more than $1,000 in currency, two firearms, one of which was loaded, brass knuckles and other drug paraphernalia. As part of the plea agreement, Utt forfeited the currency and the firearms.

Prosecutor Mark Hudnall said Utt was driving with a revoked license and had a loaded weapon in the vehicle.

“Based on the amount of money and marijuana Utt had, it was not for his personal use but to make a profit,” Hudnall said.

Defense attorney Cindy Stanton asked that Utt be placed on probation.

Utt admitted he had made a mistake and asked the court for a second chance.

Judge Gary Johnson sentenced Utt to one to five years in prison. He was given credit for the 43 days he has been incarcerated.

In other court news:

- A Mount Lookout man who failed to register as a sex offender is now spending time in prison.

Paul Russell Hall Jr., 30, pleaded guilty to three counts of failure to register as a sex offender.

Hall was convicted in April 2000 of a sexual offense that involved in a minor.

Judge Johnson said society had a right to keep track of sexual offenders. He sentenced Hall to one to five years in prison for each of the three counts, to be served concurrently.

Johnson set a Jan. 4 hearing date for sentence reconsideration for Hall.

- A Craigsville woman will spend the next year or more in prison for breaking rules of probation.

Ann Marie “Angel” Wilfong, 28, admitted she had used prescription drugs and committed a new crime while on probation.

According to a petition filed by probation officer Roger Beverage, Wilfong violated her probation by being charged with shoplifting on Sept. 20. In addition, Wilfong tested positive Sept. 27 for drug use.

Wilfong was placed on probation after pleading guilty to forgery. Her probation was revoked previously, but later reinstated.

Judge Johnson said he had no choice but to revoke Wilfong’s probation and reinstate the original one-to-10-year prison sentence for forgery.

Wilfong was given credit for 211 days already served.

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