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Husband, wife, plead, are sentenced on drug charges
By Joe Gorman
YOUNGSTOWN
Thomas Smart said Tuesday he will never again be in court, while his wife tearfully apologized to a judge after her husband’s hearing.
Thomas Smart, 40, pleaded guilty Friday in Mahoning County Common Pleas Court to charges of illegal manufacture of drugs, illegal assembly or purchase of chemicals for the manufacture of drugs and possession.
His wife, Sharry Smart, 32, pleaded guilty to a charge of possession of drugs.
Both were sentenced immediately after their pleas by Judge Shirley J. Christian.
Thomas Smart received a three-year sentence, and part of his plea agreement involved reducing the first count against him from a first-degree felony to a second-degree felony.
Sharry Smart had two charges dropped as part of her plea. She was sentenced to a year in prison.
The sentences were agreed upon by Assistant Prosecutor Martin Desmond and both defense attorneys. Both will receive credit for 288 days they have served in the county jail while awaiting the outcome of their cases.
The Smarts also agreed to forfeit 11 weapons that were found at their home when police searched it. Two children who were in the home when it was raided are being cared for by relatives.
The couple’s 1149 Ohltown Road home in Austintown was raided by police Aug. 5, where they found methamphetamine as well as the materials to make it. Authorities said the raid was the culmination of an investigation that went on for about a year and a half.
Desmond said the methamphetamine that was being made at their home was used to supply their own drug habits and was rarely, if ever, sold to others.
Thomas Smart told the judge he plans on being a law-abiding citizen when he is released from prison. He has a record of misdemeanor offenses but this is his first felony, Desmond said.
“I’m never coming back to this room again,” Thomas Smart said. “My children. I just want to get back to them.”
Sharry Smart wept through much of her plea hearing, especially when she was told she might lose her nursing license because of her guilty plea. She told the judge she had a nursing degree and was a licensed practical nurse.
Desmond recommended a year for her because the charge is her first criminal one.
Sharry Smith was an addict and she had only a minor role in the making of the methamphetamine, Desmond said.
“My 4-year-old daughter told me, ‘Just tell the cops you’re sorry.’ So I want to tell you I’m sorry,” Sharry Smart said through tears.
Judge Christian said she believed her but urged her to continue treatment for her addiction when she is released from prison.
“You’re going to have to take some responsibility for yourself to address the addiction,” Judge Christian said.