Amber Gillenwater email@example.com
January 19, 2014
GALLIPOLIS — A Gallia County man who was allegedly found in the possession of illegal drugs and a firearm while on probation through a previous felony drug case, was sentenced last week to prison time in both of his common pleas court cases.
Malachi J. Sheets, 26, Patriot, was sentenced on Wednesday in the Common Pleas Court of Gallia County to 17 months of imprisonment for attempted having weapons under disability and 11 months for trafficking in drugs in his first case, and 17 months for trafficking in drugs and 11 months for drug possession in his second case. The sentences in regard to each count were ordered to be served concurrently with each other and the sentences in each case were also ordered to be served concurrently for a total of 17 months of imprisonment in the Ohio Department of Rehabilitation and Correction.
Sheets was originally indicted in April 2012 after he was allegedly in the possession of and sold or offered to sell one oxycodone tablet on September 27, 2011. He was also allegedly in the possession of one oxymorphone tablet and sold or offered to sell the drug on October 2, 2011.
The defendant was not arrested on a warrant on indictment in this case until December 1, 2012, and following an arraignment hearing, was subsequently released on his own recognizance.
A negotiated plea agreement was later filed with the clerk of courts office and during a hearing in May 2013, Sheets pleaded guilty to one count of trafficking in drugs and one count of drug possession in this case.
He was scheduled to appear for a sentencing hearing in this case on June 12, 2013, but failed to appear. After being arrested on a warrant, Sheets appeared for sentencing two days later and was sentenced to two years of probation.
A search warrant was later served at Sheets’ residence on Boggs Road on September 12 last year, and, during this search, deputies reportedly found a 20-gauge shotgun the defendant had access to while have not having been relieved of weapons disability. In addition, Sheets was also charged with drug trafficking and drug possession as a result of the search as the defendant allegedly sold or offered to sell 0.4 grams of heroin prior to the search.
As a result of the search, the defendant was arrested and subsequently pleaded not guilty to probation violations in this case. He was later released on an own recognizance bond on September 20.
A new indictment outlining the felony charges stemming from the September raid was filed in this case in October, and Sheets was later arraigned in relation to these charges.
After negotiating a plea agreement in his newest case, Sheets pleaded guilty on Wednesday to attempted having weapons under disability, a lessor offense and felony of the fourth degree, as well as trafficking in drugs, a fifth degree felony.
He was sentenced to serve 17 months of imprisonment for the weapons charge and 11 months for trafficking drugs, sentences ordered to be served concurrently.
The defendant was further ordered to forfeit $1,999 and the 20 gauge shotgun to the Gallia County Sheriff’s Office as they were seized as proceeds of drug trafficking in this case.
He was given credit for 10 days served.
Also on Wednesday, Sheets’ probation was revoked and he was similarly sentenced to 17 months for trafficking in drugs and 11 months for drug possession in his older case — sentences to be served concurrently with each other and concurrent with the sentence in his newest case.
The defendant was given credit for a total of four days served in relation to this case and was ordered to pay the costs of prosecution.
It was further noted in his sentencing entry, that the defendant has not previously served prison time for any criminal offense.