Ex-clerk sentenced for cigarette sales scam

A former Speedway employee who allowed an accomplice to steal dozens of cartons of cigarettes was sentenced Wednesday in Washington County Common Pleas Court to 60 days in jail.

Dustin A. Carpenter, 21, of 129 Muskingum Drive, pleaded guilty Nov. 12 to a fifth-degree felony count of theft.

Carpenter allowed co-defendant Chadwick L. Smearman, 32, of 204 Seventh St., Beverly, to walk out of the Second Street Speedway store without paying for two cases of cigarettes-more than $3,000 worth, said Washington County Assistant Prosecutor Jared Erb.

“(Smearman) comes into the store and is on video tape. There appears to be some kind of exchange between him and Carpenter and he walks out with two cases,” said Erb.

It is unclear whether any money exchanged hands. However, both men were indicted on a fifth-degree felony count of theft in the incident.

Carpenter quietly apologized before his sentence was handed down Wednesday.

“I’m sorry for what I did and I’ve learned by lesson,” he told Washington County Common Pleas Court Judge Randall Burnworth.

His attorney Eric Fowler cited Carpenter’s lack of a criminal record and requested that an agreed disposition in the case be followed.

Burnworth did follow the agreed disposition, sentencing Carpenter to a year on community control and 31 days in the Washington County Jail with credit for one day served.

He also ordered Carpenter to pay restitution in the amount of $3,306.

“The schedule with be determined by Adult Parole….It will be based on your resources,” said Burnworth.

The restitution will be shared with Smearman, said Burnworth.

However, Smearman has not yet been convicted or pleaded guilty to the fifth-degree felony theft charge. His trail was initially scheduled for today, but has been continued, said Erb.

Smearman’s prior record includes convictions for resisting arrest, assault, and possession of drug paraphernalia, according to Marietta Municipal Court records.