Man Sentenced to One to Five Years Instead of Life
Fred Connors
January 9, 2008
The Intelligencer
WHEELING — A Wheeling man who was facing life in prison will be incarcerated for one to five years as the result of a plea agreement.
Randy Stauffer, 52, formerly of 28 S. Penn St., Wheeling, appeared before Circuit Judge Arthur Recht on Tuesday and entered an Alford plea to a charge of possession with intent to deliver marijuana, second offense. An Alford plea is entered when defendants do not admit to a crime but plead guilty because they are convinced the prosecution could present enough evidence to win a conviction if the case should go to a jury trial.
Assistant Ohio County Prosecutor Joseph Barki said Stauffer was named in a two-count indictment in May charging him with possession with intent to deliver a Schedule I controlled substance (marijuana), second offense, and with domestic assault.
Barki told Recht if the case had gone to trial, the state would have proved Stauffer was arrested on April 13 after he was found leaving a residence where a domestic assault had been reported to police. Barki said officers searched Stauffer and found 22 rolled marijuana cigarettes, a large bag (29 grams) of marijuana leaves, a digital scale, cigarette wrapping paper and $539 in cash.
As part of the plea agreement, the state agreed to not take recidivist action against Stauffer that could have resulted because of two previous felony convictions. West Virginia has a three strikes law, whereby three felony convictions can result in a life sentence.
Barki said Stauffer had a lengthy criminal record that included two previous felony marijuana convictions.
Stauffer's attorney, Keith Hart, told the judge his client was not in agreement with the "second offense" part of the charge but entered the Alford plea because of the potential life sentence. Hart told the judge Stauffer used the marijuana for medical reasons and had no intention of selling it.
Recht denied a motion by Hart to set a post-conviction bond and defer sentencing so his client could tend to some personal affairs.
Prior to sentencing, Stauffer told the judge, "I had no intentions to deliver marijuana to anyone."
Stauffer repeated Hart's request for a post-conviction bond and asked Recht to show mercy by allowing him to take care of his personal business.
Recht said, "No."
Stauffer was remanded to the Northern Regional Jail at Moundsville, where he has been lodged since Sept. 28. | 
