A Marietta man initially given two weeks in jail on a drug trafficking charge was re-sentenced Tuesday to a year in prison on the charge after violations of his community control that included smoking crack and theft.
Gary L. Losey II, 32, of 818 Lancaster St., was originally sentenced in July to 14 days in the Washington County Jail on his first felony conviction-a fifth-degree felony charge of drug trafficking. He had sold Klonopin pills to a confidential informant on two occasions in January 2011, said Washington County Prosecutor Jim Schneider.
Losey was also sentenced to three years of community control, which he has reportedly violated multiple times, said Washington County Common Pleas Court Judge Ed Lane.
The violations included, among other things, failing to report to his probation officer, remaining in contact with other felons, staying at unapproved residences and breaking his curfew, said Lane.
"On Feb. 14, you tested positive and admitted to smoking crack cocaine," he added.
Losey also committed a new criminal violation, stealing a bottle of liquor from Weber's Market on Nov. 20, said Marietta Law Director Paul Bertram III.
"He stole a bottle of whiskey valued at $11.30, stuck it down his pants. The clerk saw it," said Bertram.
Losey pleaded guilty to that misdemeanor charge in Marietta Municipal Court Feb. 14 and was sentenced to a $150 fine and 20 days in jail, which he is currently serving, said Schneider.
"He's in custody serving time on the misdemeanor case. He's posted bond in this case," he added.
Losey's attorney, Rolf Baumgartel, said Losey admitted to all of the community control violations.
Losey gave an apology very similar to that given at his July sentence when he first claimed to have straightened out his lifestyle.
"I've been trying to work (with) L&P Services...I've made my mistakes and would like to own up to it," he said.
But Lane told Losey he had not taken advantage of multiple previous opportunities to get on the right track.
"I told you at sentencing to get yourself into L&P. From what I understand, you hadn't contacted them about this until recently," he said.
Lane pointed out that Losey has a long history of misdemeanor indiscretions, including three other theft offenses, a menacing charge, and multiple drunk driving offenses, one of which included a hit-skip where Losey led officers on a foot chase wearing nothing but his underwear and tennis shoes.
Schneider asked that a prison sentence be imposed.
Lane concurred that community control was not working for Losey.
"You just totally are no longer amenable to community control," he concluded.
Lane sentenced Losey to serve the full one-year prison term on the initial fifth-degree felony drug trafficking charge and gave him credit for 27 days served so far on the charge.