WILMINGTON — A Dayton man has received an 11-month prison term for possessing heroin in Wilmington, with his Clinton County prison sentence to run at the same time as his 17-month prison term pronounced this fall in Shelby County.
Trevelle Marshawn Scott Sr., 43, was convicted in Shelby County of “attempted failure to comply with a signal of a police officer,” which is a fourth-degree felony. In addition to the prison term in the Shelby County case, his driver’s license was suspended for three years.
In the Clinton County case against Scott, a problem with evidence led prosecutors to file in June for the dismissal of two counts of heroin trafficking and one count of having a weapon while under disability.
“Although probable cause existed at the time of the [July 2016] indictment, upon further investigation it has been determined that in the interests of justice Counts 2, 3 and 4 should be dismissed. Further, those charges were based in large part on recorded phone calls that the state [prosecution] can no longer access,” states the motion filed by the Clinton County Prosecuting Attorney Office this summer.
The next day, Clinton County Common Pleas Judge John W. “Tim” Rudduck granted the motion to dismiss those three counts of the indictment, leaving one count in the indictment which alleged Scott possessed heroin on the 400 block of North Spring Street in Wilmington on or about Sept. 28-Sept. 29, 2015.
At the sentencing hearing presided by Judge William B. McCracken (retired), the defendant was granted credit for 66 days he served in jail on the case.
Upon release from prison, the Ohio Adult Parole Authority may supervise Scott for three years.
According to the Clinton County Clerk of Courts website, Scott’s prior criminal record in Clinton County includes a trafficking heroin conviction in 2011 for which he was sentenced to a four-year prison term, saw his driver’s license suspended for five years and was fined $2,500.
His local criminal history also includes possessing heroin (a separate 2011 case from the prior paragraph), possessing heroin (another separate 2011 case), possessing crack cocaine (a 2008 case), and carrying a concealed weapon and an attempted having weapons while under disability (a separate 2008 case).
At other recent sentencing hearings:
• James R. Davis, 43, of Columbus, convicted of a Clinton County burglary, received an 18-month prison term and was ordered to pay $2,424 restitution to a victim. He was granted time credit for 65 days served in jail.
• Jeffrey A. Mills, 35, of Columbus, originally convicted of breaking-and-entering in Clinton County, has had his term of community controls revoked and replaced by an 11-month prison term. He was granted credit for 111 days already spent in the county jail on the case.
• Rebecca L. Cox, 45, of Fairborn, originally convicted of aggravated possession of drugs in Clinton County, has had her term of community controls revoked and replaced by a six-month prison term. The judge granted her time credit for 45 days served in jail.
Reach Gary Huffenberger at 937-556-5768.
