By Clinton Randall firstname.lastname@example.org
March 6, 2014
GREENVILLE - The fourth and final co-defendant from a February 2013 meth lab bust was sentenced Thursday afternoon in the Darke County Common Pleas Court.
Tracy D. McCarty, 43, was given a 12-month sentence after pleading guilty in January to a single count of Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs (Methamphetamine), a felony of the third degree.
Her co-defendants, Joseph King, Edward Dingman, Jr. and Jacob Hart were all convicted on the same charge. King was given a prison term of 30 months, while both Dingman and Hart were placed on probation for up to five years.
McCarty and King fled to Texas after being indicted in the case, but were captured after a tip of their whereabouts was received from Darke County Crime Stoppers.
McCarty’s defense attorney Caroline R. Schmidt stated that her client turned down an option to be evaluated for the MonDay Program which was offered by the state as part of a sentencing agreement.
“I am not going to dispute that Tracy has used since this arrest, we all know that isn’t the case,” Schmidt stated during the Thursday’s sentencing. “She has never been quiet about the fact that she is an addict.”
According to a pre-sentence investigation, McCarty has a lengthy history of drug and alcohol abuse. She even reported that she was as young as 2-years-old when she was first exposed alcohol. She began narcotic use at age 24 which has been a factor up until her last reported use of heroin in which she suffered an overdose in February while on house arrest for her current case.
“More people die from doing what you are doing than they do from car wrecks,” Judge Jonathan Hein told McCarty. “Unfortunately you have already been to prison once and you are still doing the same stuff.”
McCarty served an eight month prison sentence in 2006 for a theft charge.
“I really do want to stay sober, I’ve been working on it,” McCarty responded.
“No you don’t. Until you are willing to act on it, it’s all words, its all a waste,” Judge Hein added. “The taxpayers will pay about $26,000 and you will come out of prison the same as you went in.”
McCarty was also ordered to pay a mandatory $5,000 drug fine and $125 restitution for lab fees. She will be placed on post release control for up to 36 months after completing the year prison sentence.
Darke County Assistant Prosecuting Attorney Deborah S. Quigley handled the case for the State of Ohio.