Published: July 13, 2009 10:12 am      

Former diner owners are sentenced

The starving hunger for prescription drugs has put two men away as each learned Wednesday how long they will sit behind bars for their involvement in trafficking oxycodone across Rowan County.

It was a tearful moment for Jason Clay Carter’s mother as he was remanded into the custody of a U.S. Marshal after being sentenced to 48 months behind bars for his involvement in trafficking drugs.

His co-defendant 32-year-old Roger Martin Jr., also appeared before District Judge David L. Bunning to learn he would spend the next 33 months in prison, on the same charge of conspiracy to distribute oxycodone at the former Elliottville Country Diner, a business the two jointly owned.

Prior to sentencing, Martin’s attorney Michael Curtis requested his client receive substance abuse treatment while in prison and asked that Martin spend the 48 months in a Beckley prison.

“While being incarcerated since his arrest, he has earned his GED (General Education Diploma),” Curtis told the judge. “He has worked from the time he quit school, but got hooked on drugs, and he knows that was a mistake. He does have a criminal background, but he now recognizes that he has a problem.”

Martin told Bunning he was “sorry” for his actions and apologized to the court and his family and friends.

“OxyContin and Oxycodone have become a real epidemic in this state,” Bunning told Martin, as he awaited his fate. “So many lives have been affected by this. I have considered that you did earn your GED while incarcerated and that you recognize you have a drug addiction problem. I will place you in a facility that does have a drug treatment program.”

After serving his time, Martin will be placed under six years of supervised release, have 72 hours to report to his probation officer after being released, continue into a drug treatment program and undergo random drug testing.

Bunning granted Curtis’ wish that Martin serve his sentence at the Beckley Federal Prison.

Attorney Todd Trautwein stood on behalf of his client Carter to request home confinement during the 33 months prison sentence.

“He denies that he suffers from drug addiction, but he could face other related health problems if sent to Beckley,” Trautwein told the judge.

Carter was given a chance to speak and he apologized for his involvement in the drug conspiracy

“You and your co-defendant conspired to sell drugs in Rowan County for eight months, and I don’t believe I need to repeat myself about what a problem that is for this state,” Bunning told Carter. “You were on parole at the time of the drug sales. To give you home confinement would minimize the seriousness of this offense. The court did recommend you serve 84 months. I can’t see going from 84 to zero time in prison. I do understand that you have been diagnosed with an (undisclosed) illness and take medication for that. But, this offense is serious. So I recommend you serve 48 months at the FMC (Federal Medical Center) in Lexington. It’s a medical facility prison that can treat your illness.”

Following the sentencing, Trautwein asked that before Carter begins his prison term could he be permitted time to wrap up family matters, including the custody of his son.

However, Bunning said any person awaiting sentencing should be prepared for immediate incarceration.

“You have been out on bond since your arrest,” Bunning replied. “All defendants know their sentencing is coming, and that gives them time to take care of matters. I know you have an illness, but I can’t treat you any differently than Mr. Martin. If you have your medications with you, give those prescriptions to the U.S. Marshal, and I reprimand you into his custody for expedition to Lexington.”

Carter, dressed in street clothing, cleaned out the pockets of his pants and handed the personal items to his mother and another family member.

Martin, wearing an orange jumpsuit, was removed from the courtroom by the bailiff. Martin’s release terms also will include six years of supervision, 72 hours to report to his probation officer once released, continue into a drug treatment program and undergo random drug testing.

Both men also pleaded guilty to one charge of criminal forfeiture of their jointly owned mobile home, .73 acre of property, $65,000 posted as bonds, a 2003 Dodge Ram truck, 2003 Cadillac and a 2005 Yamaha V-Star motorcycle – all used in trafficking in the drugs.

A third drug-related sentencing hearing will be heard Sept 14 when Carson Jay Carter will be sentenced for his involvement in trafficking drugs also in Rowan County.

Likewise, Rowan County Deputy Roger Holbrook will appear in U.S. District Court in Ashland Sept 14 for a scheduled jury trial on charges that he conspired with others to distribute oxycodone in Rowan County and one charge of possession of a firearm in a drug trafficking crime.