MORGANTOWN — A Terra Alta man who drove drunk and attempted to disarm an officer will be allowed to serve his sentence on home confinement.
Cody Layman, a former Hazelton Prison guard who resigned after being caught smuggling marijuana into the facility, was sentenced by Monongalia County Circuit Judge Phillip Gaujot, Tuesday, to serve one to five years for the attempted disarmament and 30 days for DUI. Layman was also given seven months credit for time served already as a result of the incident.
Ed Rollo, defense attorney, told the court that Layman had pleaded guilty and was awaiting sentencing for the federal crime of bringing marijuana into prison when this incident occurred. As a result, the federal judge, who normally follows the sentencing guidelines, sentenced him to eight months instead of the expected probation. He asked the court to consider that as time spent in jail for this crime. He also asked that Layman be given probation, or failing that, home confinement.
Layman has voluntarily enrolled in counseling, is employed full time and has an excellent support system, Rollo said.
“I don’t see the officer here, but if I ever see him I want to apologize,” Layman told the court.
He also thanked his family for their support “no matter what happens.”
Layman admitted what he did that night was dangerous and said that the eight months he spent in federal prison probably saved his life and stopped the downward spiral he was on.
Chad Noel, representing the state, said the state objected to probation, but did not object to home confinement or credit for time served.
“I’m going to tell you what I tell basically everyone with a crime related to addiction,” Gaujot said. “You can’t beat it on your own.”
He encouraged Layman to continue counseling and to consider a long-term option and warned him that the next few months would have significant bearing on what happens next.