Wilmoth found guilty of selling marijuana
Posted on Thursday, June 19, 2008
URL: http://www.nwanews.com/bcdr/News/62946/
BENTONVILLE — A Gravette man was found guilty Wednesday of selling 4 pounds of marijuana to an undercover investigator with the Benton County Sheriff’s Office.
Michael Shane Wilmoth, 32, was arrested on Oct. 12, 2007, after selling the marijuana plants to the investigator for $ 1, 000. He is charged with delivery of a controlled substance, a class C felony, which is usually punishable with a prison sentence ranging from three to 10 years. However, Wilmoth is charged as a habitual offender because of five previous felony convictions, and his sentence could be lengthened up to 30 years. He could be fined up to $ 10, 000.
The undercover investigator described the drug exchange when he testified Wednesday morning. Jurors also listened to a taped recording of the drug exchange between Wilmoth and the investigator.
The confidential informant, who provided information concerning Wilmoth, also testified during the trial.
Wilmoth testified in his defense and admitted selling marijuana plants to the investigator, but Wilmoth claimed he was heavily influenced into the act by the confidential informant.
After jurors reached their guilty verdict, they listened to testimony concerning Wilmoth’s sentencing.
Wilmoth’s parole officer, Jeff Bland, testified about Wilmoth’s previous violations while on probation and parole. Wilmoth was on parole at the time of the drug sale.
“ I know I made a mistake, ” Wilmoth told jurors when he testified during the sentencing phase. “ I know what I did was wrong. If I could take it back, I would.
“ I’m not a drug dealer, ” Wilmoth said.
Deputy Prosecutor Brandon Carter urged jurors to sentence Wilmoth to the maximum of 30 years. Carter told the panel that Wilmoth has five previous felony and six previous misdemeanor convictions, and he had been given chances before with probation and parole.
Deputy Public Defender Scott McElven, who represents Wilmoth, asked jurors not to punish Wilmoth for his previous crimes, but only for the marijuana case before the panel.
Jurors deliberated for a short period Wednesday afternoon before Circuit Judge Tom Keith called an end to the deliberations for the day.
The panel will return Thursday morning and continue its deliberations on Wilmoth’s sentence.