Superior Court briefs

By Terri Flagg -

DOBSON — A Dobson woman who discussed a plan to sell drugs via telephone with her jailed husband was convicted of attempted trafficking of a schedule II controlled substance recently in Surry County Superior Court.

Jennifer Sawyers Kuhl, 47, of Lakeview Drive, had been implicated along with her husband, Timothy Williams, and one other man in a 2013 breaking and entering and larceny, according to statements made in court by Tim Watson, assistant district attorney.

Williams and Kuhl had both been arrested, Watson said, and Kuhl released on bond.

While Williams remained in jail, the couple spoke on the phone. During their conversation, Kuhl indicated she would sell 90 percocet to raise the cash to bail out her husband, Watson said.

The phone call, like all jailhouse phone calls, was recorded.

Officers tracked the deal and Kuhl was charged with trafficking a schedule II controlled substance.

Kuhl pleaded guilty to felonious larceny and attempted trafficking and was placed on supervised probation.

Senior Resident Superior Court Judge A. Moses Massey accepted the plea deal with the goal of enabling the defendant to pay restitution to the victims of the break-in.

“That’s my main concern here,” the judge stated.

“I assume some of those items are irreplaceable,” he said. “Their home will never be the same after being raped by unauthorized people.”

Kuhl was given two 10- to 21-month suspended sentences pending the successful completion of 60 months supervised probation.

She was ordered to pay about $8,000 in restitution to the victims and to complete 100 hours of community service within one year.

“If you commit another felony you will be in deep trouble,” Massey said to the defendant. “It made me want to regurgitate,” he said about the story of Kuhl negotiating a drug deal while on the phone with a jail inmate.

“Ma’am if you don’t change your life, you will end up killing yourself or spending many, many years in prison,” he said. “I hope you decide this is not the way you’re going to live.”

• On May 13, Michael Dale Davis Jr., 27, of Lower Park Lane, Mount Airy, pleaded guilty to possession or distribution of methamphetamine precursor in exchange for the dismissal of a felony conspiracy charge, which is a class B1 felony.

According to prosecutor Tim Watson, the defendant purchased pseudephedrine at a local pharmacy and gave it to a manufacturer of methamphetamine in exchange for meth.

Davis’s attorney, Lauren McPhail, indicated that in the two and a half years since arrested for the January 2014 charge he has had no subsequent criminal charges or convictions, ended social interaction with that crowd, has been gainfully employed and is a single dad.

“He’s very remorseful and on the right track to be a role model,” she said.

The defendant also had assisted with the prosecution of the manufacturer, who is serving a 67- to 93-month prison sentence.

Davis was given a suspended sentence of 16 to 29 months pending the successful completion of 36 months of supervised probation. He was ordered to complete 100 hours of community service within 18 months, pay a $200 fine along with the costs of court.

• Several felonious drug charges against Steven Lee Gregory, 59, of Mount Airy, were dismissed May 11 after it was revealed that controlled substances and paraphernalia found in a jacket in his truck belonged to a passenger.

“Watch out who you have in your F-150,” Massey cautioned.

Gregory, 59, of Silver Hill Lane, pleaded guilty to simple possession of a schedule VI controlled substance on May 11.

Charges of possession with intent to sell or deliver a schedule II controlled substance, maintaining a drug vehicle, carrying a concealed weapon, possession of drug paraphernalia and two counts of possession of a pseudephedrine product with a prior conviction were dismissed.

He was given an active 20-day sentence with 50 days credit for time served.

• Christopher Wayne Smith, of Mount Airy, was given an active sentence after pleading guilty to drug charges from 2012 and 2013, despite his lawyer’s contention that he’d since had no other convictions or pending charges.

Smith, 33, of Sunset Drive, pleaded guilty to the lesser charge of attempted trafficking opium or heroin, and guilty to sale or delivery of marijuana, two counts of possession with intent to sell or deliver marijuana, sale or delivery of a schedule II controlled substance and possession with intent to sell or deliver a schedule II controlled substance.

Two counts of trafficking opium or heroin were dismissed.

Defense attorney Denise Pardue stated to the court that Smith had been successful serving probation for previous convictions and had been honored in the courtroom during a quarterly ceremony held by the probation office.

While impressed with Smith’s success, Massey said “your record of drug convictions haunts you, sir. And you didn’t just possess drugs, you were out there selling them.”

Smith was given a nine- to 20-month active sentence with credit for time served and a 17- to 30-month suspended sentence to be served at the expiration of the active sentence, when he will begin a three years of supervised probation and 150 days of electronic monitoring.

As a condition of probation, if he tests positive or is in possession of a controlled substance, an order for arrest will be issued with a $30,000 minimum secured bond.

In a third judgment, Smith was given a 17- to 30-month suspended sentence to be served at the expiration of the second.

By Terri Flagg

Reach Terri Flagg at 415-4734.

Reach Terri Flagg at 415-4734.

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