A New Matamoras man will spend 90 days in jail for selling marijuana, but not until August when he is finished with a round of scheduled medical appointments.
Nicholas D. Boley, 29, of 1308 Williamson Ave. Apt. 1C, was sentenced Friday in Washington County Common Pleas Court on a fifth-degree felony count of trafficking in drugs.
Boley sold marijuana to a confidential informant three times in July and August, resulting in indictments on two fifth-degree and one fourth-degree felony drug trafficking count, the latter of which was for a sale when a juvenile was allegedly present. Boley pleaded guilty to a single fifth-degree felony charge and the other two were dropped.
JASMINE ROGERS The Marietta Times
Nicholas D. Boley, right, sits in Washington County Common Pleas Court Friday with attorney Nancy Brum.
Boley has no criminal record, said Washington County Assistant Prosecutor Kevin Rings. Therefore the prosecution agreed to recommend Boley be sentenced to a year of community control and 60 days in jail.
"And the defendant would be ordered to pay restitution, $180 to the sheriff's office Major Crimes Task Force, and $170 seized from the defendant of the time the search warrant was executed be forfeited and applied forward that, leaving him $10 of restitution," said Rings.
Boley's attorney, Nancy Brum, reiterated Rings' recommendation for community control and a short jail sentence. Brum also noted that Boley was recently in a serious accident and has upcoming medical and speech therapy appointments.
"He had been taken to Grant (Medical Center) for an inner cranial hemorrhage... I have given the court a copy of the follow-up from the Memorial Health System in regard to the speech therapy that he's going to need, and he will need an additional consultation with a neuropsychologist," said Brum.
Boley was interviewed and approved for the SEPTA Correctional Facility prior to the accident but is likely no longer an acceptable candidate because of the medical issues, said Washington County Common Pleas Court Judge Ed Lane.
Lane noted that Boley had no criminal past and was a good candidate for community control; however, he surpassed the sentencing recommendation, sentencing Boley to three years of community control and 90 days in the Washington County Jail.
Brum questioned whether the jail sentence needed to start immediately, citing an upcoming follow-up appointment at Grant Medical Center and his speech therapy appointments.
"Do you think you'll be done with speech therapy by August?" asked Lane.
Determining the appointments would be over by then and that Boley did not pose a flight risk, Lane ordered him to appear for his jail sentence Aug. 15.