Drug dealer gets 60 days in jail

A Marietta man included in an October drug sweep was sentenced Monday in Washington County Common Pleas Court.

Nicholas J. Durbin, 28, was living at 300 Alderman St. when arrested last October, said Washington County Prosecutor Jim Schneider.

Several other targets at the Alderman Street home had been under surveillance for suspected drug activity. But Durbin had not initially been one of the targets, said Schneider.

“They didn’t really know this guy because he had been in Guernsey County for a while,” he said.

However, Durbin ultimately sold drugs to an informant for the Major Crimes Task Force on two occasions in May.

“The first buy was a Fentanyl patch and amphetamines. Then eight days later he sold some morphine,” said Schneider.

Durbin was one of 11 people picked up in October after being secretly indicted on drug charges earlier in the month.

The secret indictments are not a common occurrence and are done so that alleged offenders will not be tipped off that officials are coming to arrest them, Schneider had said previously.

Durbin was indicted on three charges – a fourth-degree felony count of trafficking in Fentanyl, a fourth-degree felony count of trafficking in amphetamine and a fourth-degree felony count of trafficking in morphine.

Durbin pleaded guilty in January to the first count-trafficking in Fentanyl, a narcotic pain reliever.

Durbin was sentenced by Washington County Common Pleas Court Judge Randall Burnworth to 60 days in the Washington County Jail, three years of community control sanctions, and a 180 day drivers license suspension.

Durbin, who made no statement during court, has several prior offenses in Washington, Morgan and Guernsey counties, but no prior adult felonies, noted Burnworth.

“You’ve kind of been edging around the state prison system so far. You haven’t really done much jail time,” he said.

Durbin spent a year in Ohio Department of Youth Services for juvenile felony convictions of theft and complicity, said Schneider following the sentencing.

Most of Durbin’s prior adult convictions were traffic violations, including two OVIs and a driving under suspension charge, he said.

Burnworth warned Durbin the current charges better be his “last bite of the apple” if Durbin was looking at definite prison time.

“I can’t speak for the courts in Morgan and Guernsey, but if you fail to successfully complete community control, I’m going to send you to prison,” said Burnworth.

Durbin was also ordered to pay $62 restitution to the Major Crimes Task Force for the price of the drug buys.

Durbin faced a maximum 18 months in prison on the fourth-degree felony charge. He will receive credit for one day already served, said Burnworth.