The Times West Virginian

Local News

July 16, 2014

Harold Jackson enters guilty pleas

Sentenced to prison for 2011, 2013 charges

FAIRMONT — A three-year-old case came to its final pretrial hearing Tuesday.

Harold Marcellus Jackson, of Michigan, was indicted in 2011 for child neglect creating risk of injury, possession of a controlled substance, delivery of a controlled substance and conspiracy to commit a felony.

In 2013, Jackson was indicted on three counts of possession of a controlled substance with intent to deliver.

The pretrial hearing was in regards to the 2011 indictment.

The state was represented by Marion County prosecuting attorney Patrick Wilson. Jackson was represented by Scott Shough.

During the pretrial hearing, the second count of the 2011 indictment, possession of a controlled substance, was dismissed. A plea agreement was offered to Jackson during the hearing, though it was not accepted.

After the hearing, the defendant entered guilty pleas to charges from both the 2011 and 2013 indictments.

“(Jackson) entered a plea of guilty to three felony counts,” Wilson said, “one count being delivery of a controlled substance, one count being conspiracy to deliver a controlled substance and a third felony count of possession with intent to deliver.”

Before entering pleas, Jackson exercised his right to take the case to trial.

Marion County Circuit Court judge Michael Aloi made sure Jackson understood that going to trial risked Jackson being exposed to recidivist statutes. The West Virginia recidivist statute can make an individual who commits a crime three times be sentenced to life in prison.

Jackson did not have to serve a life term as part of the pleas he entered.

Wilson said the court sentenced Jackson, as recommended by the state, to three to 15 years in the state penitentiary. The three charges had a sentence of one to five years each, as recommended by the state, which will be served consecutively.

According to Aloi, Shough was the fifth attorney to represent Jackson.

In 2011, Marion County sherriff’s deputies arrested Jackson and an alleged accomplice. Wilson said the evidence against Jackson included a video that showed where a controlled transaction took place.

A criminal jury trial was scheduled for Jackson today. That trial is no longer necessary.

Email Richard Babich at rbabich@timeswv.com or follow him on Twitter @rbabichTWV.

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