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ST. CLAIRSVILLE -- A man convicted of possessing a deadly drug received the maximum sentence Monday from Belmont County Common Pleas Judge John Vavra.
John Chapman, 41, incarcerated, was sentenced after previously pleading no contest to two counts of possession of drugs -- one a second-degree felony and the other a third-degree felony. According to court records, he was in possession of carfentanil, a substance commonly used in elephant tranquilizers.
Carfentanil is among the most potent opioids used commercially, and has been linked to numerous overdoses across the country.
Vavra sentenced Chapman to eight years in prison on one count and three years on the other, to be served consecutively for a total of 11 years behind bars.
He will receive credit for 168 days served.
Charges stem from a July 4 traffic stop in Bellaire, during which law enforcement reportedly observed Chapman bending in his seat.
The officer searched Chapman's shoes and found the substance.
Chapman's attorney, Adam Myser, said Chapman is contesting a ruling in an earlier suppression hearing and intends to appeal the matter before the Seventh Appellate District Court of Appeals, claiming illegal search and seizure on the grounds of insufficient cause to search.
In sentencing, Vavra said the nature of the drugs make this a particularly serious matter.
"The drugs that were found on Mr. Chapman or his person are the first known to this court to contain the drug carfentanil in Belmont County, Ohio. The risk of serious physical harm or death to law enforcement officers -- and I include the drug analysts that would have had to analyze the substance, the citizens of Belmont County and the drug abuse population that we have unfortunately here -- was all heightened by the fact that that substance was present in the drugs that you had."
Vavra reviewed Chapman's record, which includes a prison sentence for receiving stolen property, as well as convictions for breaking and entering, vandalism and possession of criminal tools. He also served prison sentences for trafficking in drugs and possession of drugs, and has misdemeanor convictions for drug and property crimes.
Vavra also pointed out Chapman's pattern of cocaine and heroin use and alcohol abuse.
"Consecutive terms are not disproportionate with your conduct. The potential harm was so great and unusual that a single term does not adequately reflect the seriousness of your conduct, and combined with your criminal history shows that consecutive terms are necessary to protect the public from you," Vavra said. "The drug problem that we have is heightened, especially in a case like this, because of a presence of the substance that I talked about. That in and of itself, I believe, justifies the sentence."