A Marietta man who stole thousands of dollars worth of cigarettes from a local gas station, skipped court on the charge, and then tried to rob the store again was sentenced Thursday in Washington County Common Pleas Court to a year in prison.
Chadwick L. Smearman, 33, last known address of 250 Putnam Place, was sentenced on a fifth-degree felony count of theft, a fourth-degree felony count of breach of recognizance and a fourth-degree felony count of attempted robbery, to all of which Smearman pleaded guilty on March 31.
In August, Smearman and a clerk at Speedway were indicted for conspiring to steal more than $3,000 worth of cigarettes from the Second Street gas station. A video from the store shows Smearman coming in and having an exchange with 22-year-old Dustin A. Carpenter, who was an employee at the time. Smearman then walked out of the store with two cases of cigarettes for which he did not pay.
Carpenter, of 129 Muskingum Drive, Marietta, pleaded guilty to a fifth-degree count of theft for his role in the theft and was sentenced in January to 31 days in jail.
However, Smearman never showed up for his Jan. 23 trial on the theft charge, resulting in a breach of recognizance, said Washington County Prosecutor Jim Schneider.
"On Feb. 12, before he'd been indicted on the breach, he was accused of going into the same Speedway store. He was dressed in a hoodie and put his finger in his coat to make it look like he had a gun," said Schneider.
He demanded money, but the clerk thought it was a joke and Smearman left empty-handed, said Schneider. He was identified through surveillance footage and arrested the next day.
Smearman has now been incarcerated 108 days, said Washington County Common Pleas Court Judge Randall Burnworth, who gave Smearman a chance to make a statement before he handed down a sentence.
"I'd just like to apologize to the court, my mother," he said.
Burnworth sentenced Smearman according to an agreed disposition and noted that Smearman was not a suitable candidate for local incarceration and community control.
Instead, Burnworth issued prison terms on each of the three charges-11 months on the theft charge and 12 months on both the breach of recognizance and attempted robbery charge.
"The sentences I have imposed are to run concurrently. Therefore the total sentence imposed is a prison term of 12 months," he added.
Burnworth also ordered Smearman to pay the restitution owed to Speedway for the cigarette theft. The $3,306 restitution will be split with Carpenter.