Meth dealing nets David Smith a 7 year prison term

COSHOCTON − On Tuesday, David E. Smith, 42, of Coshocton, learned he will spend the next 7 years in prison for drug trafficking. He was sentenced by Judge Robert Batchelor in Coshocton County Common Pleas Court.

Attorney Marie Seiber with client David E. Smith Tuesday in Coshocton County Common Pleas Court. Smith received a mandatory minimum term of 7 years in prison for trafficking in methamphetamine, having weapons under disability and being in possession of a defaced firearm.
Attorney Marie Seiber with client David E. Smith Tuesday in Coshocton County Common Pleas Court. Smith received a mandatory minimum term of 7 years in prison for trafficking in methamphetamine, having weapons under disability and being in possession of a defaced firearm.

Smith was indicted last March with one count of aggravated trafficking in methamphetamine, a first-degree felony, from an incident on March 7, 2022, with specification to forfeit $150 in cash.

An amended indictment in April 2022 added a one-year firearm specification and charges of having weapons under disability, a third-degree felony, and possessing a defaced firearm, a first-degree misdemeanor.

The indictment did not state the type of firearm used. Batchelor, reading from court documents, said the serial number of the gun had been filed off. Smith is unable to possess a weapon due to a 2004 felony conviction of murder in Florida.

The Coshocton County Sheriff's Office said it initiated a traffic stop in an alley behind South Second Street where it was discovered Smith had a suspended driver's license. K-9 Officer Charli conducted a narcotics sweep of the vehicle and discovered drugs, drug-related items and a firearm.

Smith entered guilty pleas to charges on Feb. 14 as part of a plea deal. This included the trafficking charge amended to a second-degree felony with no specifications for money forfeiture or a firearm specification. The state also agreed to make no sentencing recommendation, take no position on judicial release and not object to bond or a pre-sentence investigation.

Batchelor sentenced Smith to 7 to 10.5 years in prison with the minimum term mandatory for the trafficking charge. He also received 30 months in prison for the having weapons under disability charge that will be served concurrently. The misdemeanor charged merged with the weapons felony.

No fine or driver's license suspension was issued. Smith was granted nine days of credit for local incarceration. He will serve 18 months to 3 years of post release control.

Smith apologized for his actions in court and said it would never happen again.

Defense Attorney Marie Seiber argued for the minimum term of two years. She said her client used methamphetamine as an attempt to manage pain issues. He has undergone treatment that Seiber said made the crime unlikely to happen again. She also mentioned how Smith did well previously on post release control from the previous offense and while out on bond during the pretrial phase of this case.

"He's been compliant. He's been employed. He's been doing what he needs to do, including getting additional medical treatments so that his pain issues with his back have been minimized," Seiber said. Batchelor said he recognized Smith doing well on his previous parole and while on pretrial supervision in the current case. However, he couldn't overlook the prior conviction was for murder, a second-degree felony, when a gun that had been altered was involved this time.

"The court has serious concerns about the defendant's rehabilitation. I certainly appreciate your remorsefulness, Mr. Smith, but with a prior conviction for second-degree (felony) murder, the court is compelled to impose a higher range sentence," Batchelor told Smith.

Leonard Hayhurst is a community content coordinator and general news reporter for the Coshocton Tribune with more than 15 years of local journalism experience and multiple awards from the Ohio Associated Press. He can be reached at 740-295-3417 or llhayhur@coshoctontribune.com. Follow him on Twitter at @llhayhurst.

This article originally appeared on Coshocton Tribune: Meth dealing nets David Smith a 7 year prison term