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Folger gets probation for misdemeanor plea

By Staff | Sep 24, 2014

Dakota M. Folger, 19, of Fair Street, Middlebourne, pleaded guilty in Tyler County Circuit Court on Sept. 9 to a misdemeanor lessor offense of accessory after the fact of operating or attempting to operate a clandestine drug lab.

Folger appeared in court with his attorney, Theodore L. Tsoras. He was charged in June by the Tyler County Grand Jury as part of a 98-count indictment with the felony offense of conspiracy to commit an offense against the state. The indictment alleged he feloniously and unlawfully committed the offense of manufacturing methamphetamine. He was also charged with the felony offense of possession of precursor with intent to manufacture methamphetamine.

Folger testified on Sept. 9 that between July 25, 2013, and Aug. 30. 2013, he purchased Sudafed on at least two separate occasions for his father and he also suspected his father was involved in manufacturing meth.

On Tuesday as a result of a plea agreement between the state and the defendant, the charges were dismissed and he pleaded to the lessor offense and was sentenced by Judge Mark A. Karl to six months in the North Central Regional Jail and fined $500. However, the six-month sentence was suspended and he was placed on one year supervised probation. He was also ordered to pay the cost of his prosecution.

Steven E. Loy, 38, of Tyler County and presently incarcerated, was in court alongside his attorney, Kevin Neiswonger, on a preliminary petition to revoke probation. Loy is being held in the North Central Regional Jail after being arrested on July 18 by the Preston County Sheriff’s office and charged with delivery of a Schedule I narcotic, marijuana, which he allegedly sold to an undercover officer for $40.

Chief Probation Officer John Lantz testified that Loy was sentenced on April 28, 2013, to one to five years for manufacturing marijuana. His sentence was suspended and he was placed on 60 days home confinement and two years supervised probation.

Loy told the court the recent charges against him have been reduced to simple possession. He said, “It wasn’t my weed man.”

Judge Karl asked him if he understood the rules of probation. He said there are certain conditions which must be met and certain rules and regulations you must abide by. You are not supposed to be around illegal substances.

Prosecutor Luke Furbee said he needs more time to speak to the Preston County authorities and the undercover agent. Karl ordered Loy to be remanded to the North Central Regional Jail and to return for a ruling on the petition to revoke probation on Oct. 2.