A Marietta man was sentenced Thursday in Washington County Common Pleas Court to three years in prison-the minimum sentence available for his participation in a Beverly meth lab.
Dirk E. Filon, 29, of 120 Wells Ave., was sentenced on a second-degree felony count of illegal manufacture of drugs to which he pleaded guilty Jan. 17.
Filon's attorney, Eric Fowler, said the minimum sentence was warranted given Filon's criminal history contained no felonies.
JASMINE ROGERS The Marietta Times
Dirk Filon, seated with attorney Eric Fowler, is sentenced Thursday in Washington County Common Pleas Court to three years in prison for making meth with two others in a Beverly home.
"I believe the agreed disposition was the three-year minimum or at least that's what we're recommending. He takes this charge very seriously," Fowler told Washington County Common Pleas Court Judge Randall Burnworth.
A second-degree felony carries a prison sentence which can span from two to eight years. However, because of the statewide meth problem, a stipulation has been added to the Ohio Revised Code which requires a mandatory three-year minimum prison sentence for those found guilty of making meth, said Washington County Prosecutor Jim Schneider.
Filon was one of three people who were actively making meth during the Nov. 17 execution of a search warrant at 570 Albright Road, Beverly, the home of 51-year-old Donna Glendening. Also arrested was Sean Yoho, 39, who broke his back in the process of trying to escape the drug raid.
"They found the three of them in the process of making meth," said Schneider.
The labs was one of the largest seen in the area, said Washington County Sheriff Larry Mincks at the time of the arrest.
Eight pounds of meth was seized, including a large jar of liquid meth oil.
All three were indicted on a second-degree felony count of illegal manufacture of drugs and a third-degree felony count of illegal assembly of chemicals for the manufacture of drugs.
Both Filon and Glendening pleaded guilty to the second-degree felony charge and were sentenced to three years in prison. Glendening, who was sentenced Jan. 24, was also given an additional 18 months in prison for two drug trafficking charges, one for fentanyl and one for hydromorphone.
Yoho disappeared after posting bond and a warrant has been issued for his arrest, said Schneider.
In the meantime, drug results confirmed that a jar of oil at the home contained more than 100 times the bulk amount of meth and Yoho was indicted on an additional first-degree felony charge of aggravated possession of drugs.
Filon and Glendening were not charged because their plea agreement prevented them from receiving additional charges stemming from the incident, said Schneider.
Filon will receive credit for 110 days served. Because the sentence is statutorily mandated, he is not eligible for judicial or early release, said Schneider.