CLEARFIELD – A DuBois man facing felony drug charges, pleaded guilty during colloquy court on Tuesday.
Thomas M. Harris, 25, was charged with felony possession with intent to deliver a controlled substance and criminal use of communication facility in one case and conspiracy/possession with intent to deliver and possession of a controlled substance in a second. Both cases involved methamphetamine.
His attorney, Mike Marshall, asked President Judge Fredric J. Ammerman to consider allowing Harris to serve his sentence in the county jail, rather than state prison as was being recommended by the probation department.
Marshall noted that Harris did not have much of a prior record. The amount of methamphetamine he sold was small and the drugs found in his home for the second case was less than one gram.
He went on to say that there were no indications of drug activity at his home, such as a large amount of cash or other drugs.
Marshall also explained that Harris did have a drug problem but was now clean and working.
“He is not a big-time drug dealer.”
He asked the judge to give him a chance to prove himself and if he violates his probation, he could then be sent to state prison.
Assistant District Attorney Brittany McCracken argued for a state prison sentence because he had two felony cases.
Ammerman sided with Marshall and sentenced Harris to a total of nine months to two years less two days in the county jail with two years consecutive probation.
After he announced the sentence, Marshall asked if Harris could have a delayed commitment to the jail so he could apply for work release.
Ammerman then asked for Harris to be drug tested and said if he was negative, he could report next week.
Unfortunately, Harris was positive for methamphetamine and admitted he had used the drug just five days ago.
“I was not expecting that,” Ammerman said, adding that he was disappointed. He let the county sentence stand, but Harris was taken to the jail immediately.
According to the affidavit of probable cause in the first case, on Aug. 5, a confidential informant was able to purchase 3.45 grams of methamphetamine from Harris at his home on Weber Avenue in DuBois.
The second set of charges is from a search of Harris’ home on Aug. 10 when police found drug-packaging materials, digital scales, 0.62 grams of methamphetamine and marijuana.
In an interview with investigators, Harris admitted he had been selling methamphetamine and stated that his girlfriend, Kayleigh Huzsek, was assisting him by selling it and doing the bookkeeping, according to the affidavit.
Huzsek is also charged with possession with intent to deliver a controlled substance, conspiracy, intentional possession of a controlled substance and possession of drug paraphernalia. Her case is still pending.