Garber sentence to five to seven and a half years

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By Meladi Brewer

DailyAdvocate.com

GREENVILLE — Garber was sentenced to five years on Tuesday in the Darke County Common Pleas Court. Judge Stephen A. Wolaver presided.

Corey J. Garber, 33, of Greenville had previously entered a not guilty plea to two cases. Case one consisted of one count of possession of drugs and and another count of having a weapon under disability, both felonies of the third degree. Case two was trafficking in drugs, a felony of the second degree with a mandatory prison sentence.

Prosecuting Attorney Kelly Ormsby advised the court Garber has a few prior offenses on his record, but he did not know if he had ever been to prison.

“These are serious offenses, especially of course the second degree felony. It was a sale of about 18 grams of methamphetamine,” Ormsby said.

The state recommended a sentence of five to seven and a half years prison time on the felony two case. Ormsby also recommended the sentence be concurrent with both felony three cases where the defendant would serve 24 months on both counts.

David Rohrer spoke on behalf of the defendant advising Garber has not served a previous prison sentence and an affidavit was filed to waive any fines.

“Everybody has a different feeling about drugs,” Rohrer said. “I will say this about this one, it was not sold to children or young. It was sold to snitches, so it’s not like it got the drug situation under any better control.”

Rohrer said he knows Garber has a problem, but his client would like to get things straight. Garber is going to be 34 in April, and Rohrer advised he “is still young enough to get his life straight,” and he recommended his client be sentenced to the minimum sentences on all the cases for a minimum of two years served.

Judge Wolaver sentenced Garber to 24 months on the felony two cases to be served concurrently to a five to seven and a half years on the felony of the third degree with 90 days credit. Garber will face 18 months up to three years of post release control upon release from prison.

Shaun M. Ginter, 39, of Greenville, appeared for pretrial and bond for a three count indictment: count one is aggravated trafficking of methamphetamine, a felony of the second degree with a mandatory prison sentence; count two trafficking in methamphetamine, a felony of the third degree with the presumption of prison; and count three of trafficking in drugs, also a felony of the third degree with no presumption of drugs.

There was not a decision during the appearance, but the original bond was set for $25,000. The state is ready to of offer a plea deal where the defendant will plead guilty to count one with the recommendation of a five up to seven and a half year prison sentence and mandatory with mandatory fines. The state would then also dismiss counts two and three.

Defense Attorney Paul Wagner disagreed with the state saying the defense is not ready to accept the state’s plea agreement at this time, nor will the defense be willing to partake in the plea agreement. Ginter’s trial is currently scheduled for May 30 and 31.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].

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