Charles Mentz was sentenced to two to 10 years in the Greenbrier County Circuit Court. After serving the remainder of the sentence, Mentz then faces more charges in Virginia.
Mentz was recently found guilty of two felony offenses, each rising from a different situation. According to two separate indictments, this includes delivery of a controlled substance, buprenorphine, in February 2019, and reckless fleeing from an officer in October 2020 where Mentz fled “while traveling on highways and roadways … at high rates of speed, erratically, recklessly, … showing a reckless indifference to the safety of others.”
In arguing that the sentences for each of the offenses should run at the same time, Defense Attorney Michael Whitt noted that once he was done serving time in West Virginia, he would then face more charges in another state.
“What I’m sure the court is now struggling with is whether to sentence him currently or consecutively,” said Whitt. “… What Mr. Mentz will have to do when he completes his sentence in West Virginia to deal with an extradition to Virginia. I think it would be in everyone’s best interest to sentence to concurrent prison sentences, permit him the opportunity to obtain whatever treatment is available, approach the parole board here with the understanding that regardless to what he does in West Virginia, he will then need to go to Virginia to deal with the outstanding felonies and [habeas corpus].”
Greenbrier County Prosecuting Attorney Patrick Via disagreed.
“I think the stronger argument however is that the two felonies for which Mr. Mentz is convicted are not related,” said Via. “We don’t have your typical burglary and larceny that goes with this type of [case], we have reckless fleeing from an officer but then we also have a straight up controlled substance delivery. These are separate acts, separate transactions, and therefore merit separate sentencing.”
In Virginia, a fugitive from justice warrant was issued for Mentz after he allegedly stole “a motor vehicle valued at $500 or more,” “intentionally” destroyed, defaced, or damaged the vehicle, and trespassed on February 16, 2020.
Via also highlighted that should the offenses run at the same time, Mentz would nearly be eligible for parole, having already served 308 days noted in the presentencing report, as well as more days after the report was finalized.
“At this point, he’s going to be parole eligible almost immediately if the sentences were to run concurrently,” Via said. “I don’t think the ends of justice are met if we have two separate, transactional felonies, both serious, and one of them is mitigated away with a concurrent sentence when there has been no showing of the defense for that mitigation. Virginia can have him when we’re done – I would strongly encourage the court to order consecutive sentences.
“‘Mitigated away by concurrent sentences?’” Whitt echoed in pushing back on Via’s argument. “He did all those days in jail. Mr. Via always takes the position that we start over again and take the sentence from now forward. … He did almost a year in jail, judge, that’s not time he was at a country club somewhere.”
Before issuing a sentence, Dent also examined Mentz’s history.
“Your criminal history includes domestic battery, unlawful taking of a vehicle, [three] prior grand larcenies, a failure to appear that appears to be an outstanding warrant in Gallia County, OH, as well as a fugitive warrant. … Your substance abuse history is marijuana by 14, opiates and marijuana by 17, heroin at 17. In the report, you indicate that you pretty much use everything. You’ve had a near fatal overdose. In June 2020, you went into the Legends program and then you were given the opportunity to move to the God’s Way Home for a long term recovery program. You subsequently absconded [from] supervision.”
After arguments were heard for the consecutive or concurrent sentences, Dent made her decision.
“I find each of these to put the public at risk, selling drugs and fleeing from an officer involve public safety issues,” Dent said. “Your previous criminal history as well as the fact that you recently absconded from supervision, I think it’s quite obvious you are not a candidate for any alternative sentence. … For the felony offense of delivery of a controlled substance, I’m going to sentence you to the Department of Corrections and Rehabilitation for a period of not less than one year or five years. For the felony offense of reckless fleeing from an officer, I’m going to sentence you … to a period of not less than one year, no more than five years. I’m going to run those sentences consecutively for a two to ten [year sentence]. You will be given credit for what is now 326 days. … There’s been 18 days since he was picked up.”
Sentencing was not the only thing considered during the Monday hearing.
“I was contacted this morning by some people who are working with Mr. Mentz at the God’s Way Home, which is a sober living facility he was involved in a couple of months ago,” Whitt explained. “They made an application for him to attend the long term treatment program in Parkersburg called Clean, Clear Advantage Recovery. He’s been accepted into that program and he’s asked me to ask your honor for permission to attend another drug treatment program.
“We’ve been down this road before with Mr. Mentz, as recently as August 16, he absconded from home confinement, cut his bracelet,” Via said, pushing back against the possibility. “At 2:55 a.m. had to be secured by way of a warrant. That was a result of his failure to appear for sentencing previously as well. We’ve traveled this road with Mr. Mentz to no avail and, given his absconding from home confinement just six weeks or so ago, then the state would strongly oppose any consideration for any treatment outside of the Division of Corrections.”
Whitt highlighted one way this version of the story was off in detail, but correct in general.
“He left the God’s Way Home under circumstances that are unclear to me and maybe even unclear to the state,” Whitt said. “He was on home incarceration for a period of time, living with a friend, and the allegation is he absconded from there.”
Dent also denied entry to the program.
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