By Drew Moody
drewmoody@verizon.net
 David Carl Wine, 27, (left) of Smithville, entered a guilty
plea Tuesday before Circuit Judge Jack Alsop to one count of
attempting to manufacture a controlled substance. It
was a last minute plea bargain sparing him from
facing additional charges.
"We had a good case; he probably did the best thing,"
said lead investigator Sgt. C.M. Alton, of the West
Virginia State Police.
Minutes later Wine was in leg-irons, smoking a
cigarette under guard outside the courthouse.
Although facing one to three years in prison, Wine
is relieved to have the trial portion of his case behind him.
Now he awaits an August 14 sentencing date.
Since being jailed nearly a year ago he's now drug free and
gained 35 pounds. He is calm, fit, and doesn't mince
words about his situation.
Wine says he looks at things differently now. "I was
addicted for a long time, but I'm not anymore." It was
a six year downward spiral for the young man who
used to make good money working in the oil fields.
Methamphetamines are believed to be one of the most
addictive illegal drugs.
That addiction has cost him dearly. There's the jail time.
Thousands of dollars wasted with nothing to show for it.
And worse still, he's separated from his three young children
and wife Lora, who's facing similar drug charges.
"People should step back and think about it," Wine
said, "Think about what they're going to lose before
it's too late."
THE BUST - August 7, 2005
 The proverbial end of the road for Wine came last August when
State Police got an anonymous tip that he and David
Phares (left) were cooking methamphetamines (also known as
'meth') on Fink Road in rural Gilmer County.
Phares is now serving 2 to 10 years in connection with a separate
drug-related offense.
At least five police officers were involved in the drug bust, according
to arrest reports.
Police contacted the homeowner, Tammy Junkins, at work and obtained
permission to search the property.
Timothy Grey Rose answered the knock at the door. When police asked
about the presence of a drug lab, he said he didn't have one but offered
officers a marijuana plant instead.
Rose turned to gesture toward the plant he thought was nearby on a table.
But someone had apparently moved it quickly - leaving a trail of pot leaves
leading downstairs to a fireplace.
Sgt. Alton searched Rose before entering the home, confiscating
a container containing white powder and razor blades.
Police then caught Wine and his wife, Lora, sneaking out the back
door of the residence with two young children. A loaded
derringer was discovered in Wine's pocket.
Also taken into custody at the scene were Kenneth Scott Kayser
and David Charles Phares II. No charges were leveled against
Tammy Junkins, who left work and arrived at the residence
after the initial search of her property.
By this time Rose, who officials said lived with Junkins at the
time, was no stranger to local police. He has had numerous charges
against him dating back to 2001, including: a DUI, assault,
striking an unattended vehicle, obstructing and fleeing from
a police officer. All these charges, pre-dating the drug bust,
were dismissed.
Rose did have to pay fines and restitution for property damage.
And at one point he pled guilty to running a stop light.
At the time of his arrest Phares was awaiting sentencing on another
drug charge and was also well known to police.
THE EVIDENCE
Police found evidence of a meth lab operation in various locations
on the property. This included: empty Sudafed boxes, disassembled
parts of a portable drug lab, gas masks, syringes and spoons (apparently
for intravenous drug injection), hydrochloric acid, Coleman fuel, Red
Phosphorus, a hot plate, glassware, tubing, coffee filters, and Morton
rock salt.
Several containers were laying around with a white powder substance
in them. Duffle bags containing lab parts were hidden behind a shed
on the property, and police found toxic chemicals in the truck of
a car.
Junkins told police she didn't know about the drug lab in her garage,
but said she did see Wine and Phares smoke 'meth' outside her home.
Rose told police Phares and Wine had cooked 'meth' in the garage
several times, court records indicate. He also indicated he was
only assisting in the clean-up of the premises, after the cooking
was completed.
All charges leveled against Rose were eventually dismissed.
Kayser was arrested, but thus far has not been indicted.
Phares eventually entered a guilty plea in this case and was given a
sentence of five years probation which will begin when he's released
from prison.
THE PROSECUTION
Nothing is a simple black and white formula when courts
are dealing with criminal defendants. After a guilty verdict or
guilty plea is entered, a probation officer begins a pre-sentence
investigation (PSI).
The PSI is scored, which ultimately yields a
recommendation to the judge. A prosecution can also offer
recommendations to the court, but ultimately the meting out of
punishment rests in the hands of a judge.
The prosecution and police often work together in determining
the timing and nature of what is presented to a grand jury
for indictments. Considerations are often given in return
for testimony. This is the way the judicial system works - everywhere.
Gilmer County Prosecutor Gerald Hough is quite aware the social
implications involving drug abuse and addiction are much larger
than simply placing someone behind bars.
"I'm not under the illusion I'm solving any problems here," Hough
said Tuesday after successfully bringing Wine's case to an end. "We're
not on the cure side of this."
Hough believes the "demand side" of the drug issue must be addressed
before any real solutions will be realized.
Prescription drug abuse is likely a larger problem than 'meth,' Hough said,
because it has a veil of legitimacy. It's the common, frequently prescribed
drugs, that high school kids can take from medicine cabinets and sell
at school. Drugs like Zanex, Hydrocodone, and others, according to the
prosecutor.
Hough doesn't see the guilty plea in this case as an ultimate victory.
The best
possible outcome, he said, would be for Wine to remain drug-free and
support
his children.
"My biggest worry is they'll go right back to doing what they were before."
West Virginia State Police officers who assisted in the arrests or
investigation
of the crime scene included: Sgt. C.M. Alton, Sgt. F.F. Yanero, and Tr.
M.S. Summers.
Members of the Bureau of Criminal Investigation may have taken part as well.
Gilmer County Sheriff's deputies at the scene were Casey Jones and Mark
White.
| 
