DOBSON — A Dobson man accused of selling methamphetamine with his pregnant then-wife was recently given a probationary sentence in Superior Court.
Timothy Dwaine Wall, 37, and Erika Faith Hawks, 24, of North Main Street, Dobson, had been arrested following an undercover investigation into illegal drug activity in September 2014.
An undercover officer with the Surry County Sheriff’s Office and a confidential informant had met with Wall at his residence and arranged to buy $300 of meth later that night at the Sheetz in Dobson, according to the state’s summary of the evidence provided during the Feb. 14 hearing.
A pregnant Hawks rode with Wall to the meeting, where the officer purchased 3.78 grams of meth, Assistant District Attorney Tim Watson stated in court.
A couple of weeks later, the informant purchased an additional 5.7 grams from Wall at his residence, Watson said.
A search warrant later executed at the residence revealed drug paraphernalia including smoking devices, baggies and scales in several rooms as well as a small quantity of a possible drug.
N.C. State Bureau of Investigation analysis confirmed that the seized substances were meth.
Wall was charged with two counts of possession with intent to manufacture, two counts of sell or deliver meth, delivery of meth, three counts of maintaining a drug vehicle or dwelling, conspiracy to sell meth, misdemeanor child abuse, two counts of possession of meth, three counts of possession of drug paraphernalia, simple possession of a schedule IV controlled substance, misdemeanor larceny, leaving a vehicle unattended, fictitious registration, driving with no registration, operating a vehicle without insurance and driving a motor vehicle without registration.
He pleaded guilty by Alford decision to all the charges except leaving a vehicle unattended and fictitious registration, which were dismissed by the state.
An Alford plea indicates that the defendant finds it in their best interest to plead guilty but does not admit to actually having committed the crime.
Watson noted that several of the offenses, mostly misdemeanor and motor vehicle violations, had occurred while Wall awaited trial on the more serious drug charges.
Defense Attorney Charles Briggs told the court that he had hoped time before trial would give his client a chance to straighten up and show the judge progress.
“At first things seemed to be going along that line,” he said. “There was some hope, Judge.”
However, Briggs said, it became harder for Wall to comply with the Department of Social Services case plan regarding the couple’s newborn child.
Briggs asked Presiding Judge Stanley Allen to consider a “boxcar sentence” where his client would be placed on supervised probation with consecutive suspended sentences.
His client would “have that, in essence, hanging over him,” the attorney said.
Wall briefly addressed the court.
“I’ve rededicated my life to God,” his comments included. “I just want to hit the ground running and do what’s right.”
Allen sentenced Wall to two consecutive sentences of 10 to 21 months along with an additional five to 15 months also to be served consecutively.
Those sentences were suspended pending the successful completion of 24 months of supervised probation.
The judge ordered Allen to complete a 90-day state run residential substance abuse program and to obtain a high school equivalency.
“That can do you a world of good if you’re serious about straightening up,” Allen said. “If you’re serious, the proof will be in the pudding.”
In a Superior Court hearing later the same day, Hawks admitted wrongdoing pursuant to a N.C. General Statute 90-96 agreement.
That agreement allows for the dismissal of the charges against Hawks in a year if she complies with the terms of 12 months’ supervised probation and completing 50 hours of community service.
If she does not comply, a guilty judgment will be entered against her on charges of possession of methamphetamine, possession with intent to manufacture, sell or deliver meth and possession of drug paraphernalia.
The state dismissed without leave charges of delivering meth, conspiracy to sell meth, misdemeanor child abuse, maintaining a drug vehicle or dwelling, operating a vehicle without insurance, possession of stolen goods and property and simple possession of a schedule IV controlled substance.
Reach Terri Flagg at 415-4734.