No leniency for second-time accused drug trafficker
May 7—CATLETTSBURG — Boyd County Circuit Judge John Vincent refused to modify the bond for an alleged trafficker of fentanyl, which the seasoned judge called "poison" to the community.
On Monday in Boyd County Circuit Court, Dewayne Mitchell, 51, appeared via video conference from the Boyd County Jail for his first appearance in Vincent's court after Mitchell was indicted on a sole count of trafficking carfentanil or fentanyl derivatives.
Mitchell's trafficking charge is initially a class C felony in Kentucky, however, on the second offense, the count is upgraded to a class B felony, which carries a maximum sentence of 20 years in prison.
Per the indictment, Mitchell was previously convicted of drug trafficking within the last six years.
According to court documents, Mitchell was picked up on the indictment warrant on April 30 following a traffic stop by a Boyd County Sheriff's deputy who located the active warrant after running Mitchell's information.
On Monday, Mitchell was appointed representation through the Department of Public Advocacy after testifying he had no source of income, real estate or significant property.
Alea Hipes, Mitchell's public defender, entered a not-guilty plea on Mitchell's behalf and addressed bond.
Judge Vincent previously set Mitchell's bond at $75,000 alongside the grand jury's indictment, which Assistant Commonwealth's Attorney Kierston Rosen said should remain the same considering the severity of his charge.
Vincent agreed, stating the allegations were that of trafficking fentanyl, a "dangerous poison" to the area.
Vincent said based on the danger to the community alone, "I'll leave it exactly where it's at."
(606) 326-2652 — mjepling@dailyindependent.com
