By: Lydia Crawley
The Parsons Advocate
Stephen Plum came before Judge Steven Shaffer June 9th for a Probation Revocation hearing in the 22nd Circuit Court at the Tucker County Courthouse in Parsons. He appeared in person from the Tygart Valley Jail represented by his attorney Sam Hess. Tucker County Prosecuting Attorney Savannah Hull Wilkins represented the prosecution in the matter.
Wilkins entered the motion to revoke probation. Hess said that his client intended to enter a stipulation. Plum admitted to a failed drug test and to alcohol in the house, specifically beer, triple sec and Fireball.
On April 14th, Plum was sentenced to a misdemeanor offense and sentenced to one year of probation. At that time he had an initial positive to a variety of substances, according to the Court, including: methamphetamine, Benzodiazepines, fentanyl, and amphetamines. It was brought up by a witness for the prosecution from the Probation Office that on April 25th, there was a second failed drug test.
After the Court found that Plum had violated probation, Hess and Shaffer debated over the nature of the offense. Specifically, as to whether methamphetamine constituted simple possession under the law in regards to a 60 Day Sanction under the State’s graduated sanction statute. Judge Shaffer has a historically hard-line on drug offenders. Following some heated debate between the attorney and Judge, including Wilkins presenting a copy of the Statute to Judge Shaffer for review, Judge Shaffer said, “What you’re saying is methamphetamine is just a simple possession.”
“I think the statute is pretty straight forward,” Hess said.
Judge Shaffer ruled that Plum would serve a 60 Day Sanction on the violation, but made it clear it would be the only sanction he would give in the case. Hess also issued a stern warning to his client before they left the courtroom that there would be no more sanctions, any more drugs, he would be going to jail.
Plum was remanded to the custody of the Tygart Valley Regional Jail.
