http://www.swvatoday.com/comments/women ... news/3581/
Drug-related cases dominated the Floyd County Circuit Court docket Tuesday with Judge Ray W. Grubbs sending two women to jail for smoking cigarettes in violation of their substance abuse programs while granting probation to a lifetime user of an illegal drug.
The two women kicked out of a drug treatment program because they smoked cigarettes went to jail to await full hearings on probation violations.
April Elizabeth Akers, convicted in April on forgery and uttering charges, was placed on probation and ordered to undergo substance abuse treatment in the New Life Recovery Program. New Life expelled Akers from the program because she was caught smoking tobacco. New Life prohibits the use of any addictive drug – including nicotine – while in the program.
Akers told Grubbs she was enrolled in another program but Grubbs said she violated the terms of her probation by not completing the New Life program and remanded her to jail. Akers resisted going with deputies, telling the judge she is pregnant.
“I don’t want to have my baby in there,” Akers said. Grubbs said arrangements would be made if she was jailed when the baby came due and deputies led Akers from the courtroom.
A few minutes later, Akers was back, telling Grubbs she needed “time to gather my things” before going to jail. Grubbs told her she could have relatives bring her what she needed and ordered her to accompany deputies to the jail van immediately.
Another Floyd County woman, Denise Renee Moles, was on probation on drug possession charges but New Life also expelled her for smoking a cigarette.
Moles told Grubbs she was with a group of people outside a meeting and smoked the cigarette “out of habit” before realizing she wasn’t supposed to be using tobacco.
Grubbs remanded Moles to jail to await a hearing for probation violation.
A life-long marijuana user, convicted of a drug charge from growing more than 70 marijuana plants in his garden, received a three-year suspended sentence and was placed on probation after he told the judge the plants were all for personal use and that he smoked the drug to reduce pain from numerous back injuries.
Harold Wayne Hodges, 57, told probation officer Jeremy Jones he had used marijuana on a regular basis since he was 18 and smoked the drug in later years to control pain. He told Grubbs that he no longer used the drugs because he was taking prescription medication, including morphine, to control his pain.
Grubbs, in granting the probation, told Hodges to remember that “using marijuana is against the law” and that while some states are debating whether or not to allow use of the drug for medical purposes, the law is still in place in Virginia and must be obeyed.
“I urge you to remember that because it will be important if you wish to complete your probation and stay out of jail,” Grubbs said.
Bryndon Bason entered a no-contest plea to charges of possession and distribution of marijuana but Grubbs deferred sentencing until a pre-sentencing report can be prepared.
Timmy Jo Booth of Franklin County received a six-month jail sentence and three years suspended after he was found guilty of violating his probation on a DUI charge.