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| Rodrick Allen Lusk |
A Webster County Circuit Court jury deliberated Wednesday for about 40 minutes before returning guilty verdicts on all counts against a Cowen area man accused of delivering drugs, possessing drugs with intent to deliver, and conspiracy.
Rodrick Allen Lusk, age 49, of Pretty Glade Road near Cowen, was indicted on four felony charges, including one count of Conspiracy, one count of Delivery of a Controlled Substance, and two counts of Possession with Intent to Deliver. Witnesses for the State in the one day jury trial included Webster County Deputy Sheriff Jack Cultip, Cowen Police Chief Allen Cogar, Stacy Gooch (a chemist from the West Virginia State Police laboratory in Charleston), a confidential informant, Deputy Beaver from the Central West Virginia Drug Task Force, and Richard Totten from AT&T. Lusk recalled two of the State's witnesses but he did not testify in his own behalf.
Assistant Prosecutor Dara Acord handled the entire case for the State. The State's evidence can be summarized as follows: On May 3, 2012, around 8:47 p.m., the confidential informant working for law enforcement called Lusk's Pretty Glade Road residence and spoke with an unidentified female. The informant arranged with the female to buy drugs.
Chief Cogar drove the informant to Lusk's residence, a mobile home, and watched the informant go into Lusk's residence. The informant had marked currency in his possession. When the informant returned to Cogar, the informant said that "Buckwheat" (Lusk's nickname) sold him a 60 milligram morphine pill for $60.00. The pill was turned over to law enforcement. One of the officers testified that in their law enforcement experience, the going price on the street for morphine was one dollar per milligram.
Cogar then informed Deputy Cutlip of the drug buy. Cutlip went to Lusk's residence and was invited in. Lusk was sitting at a couch and in front of Lusk was a coffee table which had on it the marked currency the informant used to buy the 60 milligram morphine pill. Cutlip patted down Lusk. Lusk dropped a baggie and tried to cover it with his foot. The baggie contained one 100 milligram morphine pill and four zolpidem pills (also known as Ambien). Deputy Beaver conducted a "Board of Pharmacy" search on Lusk and determined that Lusk last had a valid prescription for Ambien in January, 2011 and last had a valid morphine prescription in 2006. During the pat down, Cutlip also found $300.00 in cash on Lusk.
Cutlip then obtained consent to search the Lusk residence. He found needles and burnt spoons, commonly used for illicit drug use. Also found were two notebooks that had the names "Buckwheat" and Crystal Chaffin written on the same. The notebooks were described as "drug ledgers," listing names, pills, and money amounts.
Crystal Chaffin, who is awaiting trial on similar charges, was also present and is believed to be the female who arranged the drug buy over the telephone.
The chemist verified that the various drugs used in the sale and found in the baggie were controlled substances. Totten of AT&T confirmed that the telephone number called by the informant was a telephone at the Lusk residence.
Lusk was represented by court-appointed attorney Tim Gentillozi of Clarksburg.
After the 8 women, 4 men jury returned the four felony guilty verdicts against Lusk, Acord announced to the Court that the State would be filing a "recidivist" action against Lusk. A recidivist action seeks to enhance the penalties due to a prior felony conviction or convictions. Lusk has one prior felony on his record.
Assistant Prosecutor Dara Acord handled the entire case for the State. The State's evidence can be summarized as follows: On May 3, 2012, around 8:47 p.m., the confidential informant working for law enforcement called Lusk's Pretty Glade Road residence and spoke with an unidentified female. The informant arranged with the female to buy drugs.
Chief Cogar drove the informant to Lusk's residence, a mobile home, and watched the informant go into Lusk's residence. The informant had marked currency in his possession. When the informant returned to Cogar, the informant said that "Buckwheat" (Lusk's nickname) sold him a 60 milligram morphine pill for $60.00. The pill was turned over to law enforcement. One of the officers testified that in their law enforcement experience, the going price on the street for morphine was one dollar per milligram.
Cogar then informed Deputy Cutlip of the drug buy. Cutlip went to Lusk's residence and was invited in. Lusk was sitting at a couch and in front of Lusk was a coffee table which had on it the marked currency the informant used to buy the 60 milligram morphine pill. Cutlip patted down Lusk. Lusk dropped a baggie and tried to cover it with his foot. The baggie contained one 100 milligram morphine pill and four zolpidem pills (also known as Ambien). Deputy Beaver conducted a "Board of Pharmacy" search on Lusk and determined that Lusk last had a valid prescription for Ambien in January, 2011 and last had a valid morphine prescription in 2006. During the pat down, Cutlip also found $300.00 in cash on Lusk.
Cutlip then obtained consent to search the Lusk residence. He found needles and burnt spoons, commonly used for illicit drug use. Also found were two notebooks that had the names "Buckwheat" and Crystal Chaffin written on the same. The notebooks were described as "drug ledgers," listing names, pills, and money amounts.
Crystal Chaffin, who is awaiting trial on similar charges, was also present and is believed to be the female who arranged the drug buy over the telephone.
The chemist verified that the various drugs used in the sale and found in the baggie were controlled substances. Totten of AT&T confirmed that the telephone number called by the informant was a telephone at the Lusk residence.
Lusk was represented by court-appointed attorney Tim Gentillozi of Clarksburg.
After the 8 women, 4 men jury returned the four felony guilty verdicts against Lusk, Acord announced to the Court that the State would be filing a "recidivist" action against Lusk. A recidivist action seeks to enhance the penalties due to a prior felony conviction or convictions. Lusk has one prior felony on his record.
Lusk has been incarcerated at the Central Regional Jail since his arrest on May 4, 2012 and will remain incarcerated pending his sentencing hearing now set for April 8, 2013.
Lusk faces a maximum prison sentence of not less than one but not more than 15 years on the Delivery of morphine conviction, not less than one but not more than 15 years on the Possession with Intent to Deliver morphine conviction, not less than one but not more than three years on the Possession with Intent to Deliver zolpidem conviction, and not less than one but not more than five years on the Conspiracy conviction, for a combined maximum prison term of not less than four but not more than 38 years. If the State proves in a recidivist action that Lusk has a prior felony conviction, then the minimum prison term could double to eight years.
Lusk faces a maximum prison sentence of not less than one but not more than 15 years on the Delivery of morphine conviction, not less than one but not more than 15 years on the Possession with Intent to Deliver morphine conviction, not less than one but not more than three years on the Possession with Intent to Deliver zolpidem conviction, and not less than one but not more than five years on the Conspiracy conviction, for a combined maximum prison term of not less than four but not more than 38 years. If the State proves in a recidivist action that Lusk has a prior felony conviction, then the minimum prison term could double to eight years.
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