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Gate City man gets six months for selling drugs out of gym

Wes Bunch • Aug 8, 2013 at 9:13 AM

GATE CITY — A Southwest Virginia man was sentenced to prison in Scott County Circuit Court recently for selling prescription drugs out of a downtown Gate City gym.

Phillip Brian Elliott, 37, of Gate City, was sentenced to six months in prison following his convictions earlier this year on two counts of selling Schedule III drugs and one count each of selling Schedule I or II drugs and maintaining a common nuisance where drugs are sold.

In addition to incarceration, Elliott also must complete supervised probation with six months of home electronic monitoring and pay a $2,500 fine.

Scott County Commonwealth’s Attorney Marcus McClung said his office was pleased that Elliott was fined, but had pushed for more jail time than was given by special Judge Chad Dotson of Wise County.

“I think the court is starting to see our argument that drug dealers receive prison time and be fined,” McClung said. “We have always demanded them to be locked up, but in the last couple of years we have been asking for fines and it seems it is starting to take hold. ... If money is going to be a reason why they sell drugs then we need to make money a reason they shouldn’t sell drugs, too.”

McClung said the Scott County Sheriff’s Office and Southwest Virginia Drug Task Force began investigating Elliott in 2012 after receiving complaints that he was selling prescription drugs at his wife’s gym on Jackson Street, known at the time as Anytime Fitness.

Elliott was arrested in June 2012 after he sold prescription drugs during an undercover buy, McClung said. The Elliotts’ gym was also sold as a result of the convictions.

Also sentenced in Scott County Circuit Court last week were:

•Shannon Dewayne Jarvis, 37, of Weber City, who was given an effective three-year term after being sentenced to 15 years in prison with all but 12 years suspended. Jarvis was also ordered to pay a $2,000 fine and to forfeit his driver’s license for 18 months. Jarvis was convicted last year of selling Schedule II drugs, conspiracy to sell Schedule II drugs, perjury and maintaining a common nuisance, second offense.

McClung said the perjury charge against Jarvis stemmed from a separate conviction and sentencing for prior drug-related offenses. During that case, Jarvis reportedly told the court during sentencing that he was no longer selling drugs. That admission came despite the fact authorities had video evidence of him conducted several drug deals, McClung said.

As a result, Jarvis was charged with additional drug offenses along with the single count of perjury. Authorities indicated he could be subject to a second perjury charge in connection with statements made during last week’s sentencing.

•William Charles Burnett, 26, will serve two years and six months in prison with an additional nine years and six months suspended. Burnett must also complete 12 months of home electronic monitoring and supervised probation and pay a $2,000 fine.

McClung said sentencing guidelines called for Burnett to avoid jail time after he was convicted of possession of Schedule II drugs, possession of Schedule III drugs and possession of Schedule IV drugs with intent to distribute.

•Daniel L. Salyers, 32, of Mount Carmel, was given six months of active jail time and a suspended four-year sentence after being found guilty of selling Schedule III drugs and possessing Schedule III and Schedule IV drugs.

Guidelines also called for Salyers to receive only probation.

In addition to incarceration, he was ordered to complete supervised probation and pay a $2,000 fine plus $200 in restitution to the regional drug task force.

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