Carter convicted of meth-related charge in '04

By Lawrence Smith | Mar 6, 2008

CHARLESTON – Along with multiple domestic violence-related offenses, a Charleston man's rap sheet includes a 2004 conviction for possession of meth.

According to court records, Jonathan D. Carter was arrested, and charged on Feb. 2, 2003 with one count of possession with intent to deliver methamphetamine, and one count of manufacturing methamphetamine. Both charges are felonies.

With the assistance of his court-appointed attorney, Assistant Kanawha Public Defender Barbara Brown, Carter negotiated a plea agreement. According to court records, the state would drop the two felony charges in exchange for him pleading guilty to a misdemeanor offense of possession.

The agreement, records show, was entered on May 24, 2004. Kanawha Circuit Judge Tod J. Kauman dismissed the felony charges on June 9, and scheduled Carter for sentencing on the misdemeanor possession charge on July 28.

In West Virginia, misdemeanor possession of methamphetamine carries a sentence of 90 days to 6 months in jail, and a maximum $1,000 fine.

However, the day of his sentencing, Carter was nowhere to be found.

Court records show Kaufman immediately issued a capias for Carter's arrest for failing to appear.

Until March 27, 2006, Carter remained a fugitive. It was on that date, records show, he was arrested at 5295 Doc Bailey Rd. in Cross Lanes.

Three days later, Carter was released on $5,000 bond which records show Amy posted.

Nearly six months later on Sep. 1, Carter agreed to one year supervised probation on the misdemeanor possession charge. Court records show his sentence was retroactive to Aug. 23, 2006, and he was given four days credit for time already served.

However, just over a month later Kaufman issued another capias for Carter's arrest. This time records show it was violating the terms of his probation.

According to report filed by his probation officer, Ruell Tolliver, Carter admitted to using marijuana on Oct. 5, 2006. Also, Tolliver reported finding drug paraphernalia in Carter's home as well as the ingredients for manufacturing methamphetamine, and a methamphetamine lab.

At the time of his probation violation, court records show Carter was residing at 1421 Scott Rd. in St. Albans.

On Oct. 26, a preliminary hearing was held on Carter's probation revocation. Pending his release on $10,000 bail, Kaufman ordered Carter on home confinement until a final revocation hearing on Nov. 9.

According to court records, Carter's parents, William and Dixie, posted his bail after the preliminary hearing. Records are unclear if Carter was confined to his residence on Scott Rd. or at his parent's home on 606 6th Ave. in Hometown.

On Nov. 16, 2006, records show, Kaufman ordered Carter to the South Central Regional Jail to finish the remainder of his sentence.

About a month later, Carter filed a motion asking Kaufman amend the sentencing order to reflect the 38 days he already served. Court records show Kaufman granted that motion on Feb. 14, 2007.

In granting the motion, Carter, 30, was released from jail.

Currently, he is free on $2,500 bond pending a hearing on charges he assaulted a male friend of Amy's with a shovel while helping her move on Feb. 18.

A prior case of domestic battery against Carter from 2003 remains open in Putnam Magistrate Court.

Kanawha Circuit Court, Case No. 04-M-46 (I)

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