CHARLESTON, W.Va. — Gov. Earl Ray Tomblin’s brother — who pleaded guilty to a drug charge — asked a judge this week to give him an alternative sentence, such as home confinement, that would allow him to continue treatment.
Carl Tomblin, 50, pleaded guilty in March in federal court in Charleston to selling oxymorphone to a confidential informant. His sentencing is set for June 25.
His attorney, Robert Kuenzel, in a sentencing memorandum filed Wednesday, asked U.S. District Court Judge John Copenhaver to consider an alternative sentence, because Carl Tomblin accepted responsibility to federal prosecutors and doesn’t pose a safety risk to the public.
The memorandum asks Copenhaver to put Carl Tomblin in a sentencing advisory guideline range of eight to 14 months, which would permit an alternative sentence. Carl Tomblin is undergoing drug treatment and taking Suboxone, a prescribed medication for opioid dependence.
Carl Tomblin admitted that between the spring of 2013 to around January 2014, he distributed between 30 to 40 oxymorphone pills.
“Had Mr. Tomblin not cooperated with law enforcement and asserted his right to counsel, the government would be in a position of attributing only 5 pills to Mr. Tomblin,” Kuenzel writes. On several occasions in December and January, Carl Tomblin sold a pill to confidential informants, prosecutors have said.
In October 2002 in Logan County Magistrate Court, Carl Tomblin pleaded guilty to possession of marijuana. His attorney has asked the judge to reduce the time that should be tacked on to his sentence for having a prior criminal record because the charge is more than 10 years old.
He also admitted to a misdemeanor property theft charge in Tennessee. He was ordered to pay fines and court costs for that charge.