ST. GEORGE — The second of two defendants facing felony drug distribution charges appeared in court for sentencing, where a long criminal history and felony warrant out of Ohio were key issued in determining how much time the defendant would serve in Utah.
On June 18, Joshua Allen Shannon, 42, of Mount Vernon, Ohio appeared in 5th District Court for sentencing on third-degree felony possession with intent to distribute a controlled substance, as well as a weapons charge.
The controlled substance charge was reduced from a second-degree felony and the remaining four misdemeanor charges including one count each of providing false information to law enforcement, possession of another’s identifying documents, possession of paraphernalia and an open container charge were dismissed in exchange for a guilty plea.
Open container and the traffic stop
The charges were filed following a traffic stop on northbound Interstate 15 near the Port of Entry on April 9 by a Washington County Sheriff’s deputy shortly after 2 a.m. for an alleged license plate and lane violation.
That stop resulted in a vehicle search a K-9 sniff that was requested when an opened bottle of beer fell from an occupant’s lap as they stepped out of the car, according to court documents filed at the time of the arrests.
Officers recovered three large plastic bags containing suspected methamphetamine, along with hundreds of smaller bags that were located in a fake Kool-Aid container with a false bottom and a firearm with hundreds of rounds of ammunition, according to the report.
At the time of the incident, Shannon was traveling through Utah with the driver, identified as Sherree M. Atkins, 38, also of Mount Vernon, Ohio.
While speaking to the parties, Shannon reportedly told deputies the drugs were his but the gun was not, while the driver said the gun belonged to her but the drugs did not.
Both were arrested on the distribution and weapons charges, as well as the open container and paraphernalia charges, and Shannon faced two additional misdemeanor charges that were later dismissed in the case. He was also booked on a fugitive warrant issued out of Ohio on a drug and firearms tracking case filed there.
Sentencing hearing
Prosecutor Tyler Bonzo said the state’s position was that Shannon did not appear to be taking responsibility for his actions, evidenced by the defendant’s statements made during that stop — “that he was in a vehicle where a gun and drugs were found — not that he possessed those guns and drugs but was there when they were found.”
The prosecutor added the defendant has not discussed the crimes he committed or the role his actions have played in the case, despite having an extensive criminal history that includes similar crimes committed in Ohio, his home state.
Bonzo closed by saying the defendant’s criminal behavior appears to be escalating, adding that Shannon’s past and present conduct has earned him a prison sentence.
Shannon’s defense attorney Caleb Cottam said his client has an open case in Ohio that carries a possible 12-year prison sentence, and after speaking to the public defender there, Cottam said, the defendant will likely serve a 5-8 years in an Ohio prison on that case.
He went on to say it would be better for his client to return to Ohio sooner than later so he can take care of his charges there, in addition to being present for his child, considering the child’s mother was deemed to be an unfit parent in a child custody case.
Caleb said his client has struggled with mental health and substance issues for years, which did not excuse what happened, but helped to explain it. He added the defendant wants to be a father and do whatever he can to parent his child, which would be easier to do in Ohio, rather than Utah, even if he were incarcerated there.
Shannon told the court that after 10 years without any criminal behavior, he fell back into drugs, “and I’m 100% guilty for all of that.”
He also apologized “sincerely” for coming through a Utah community and causing the stress created by his actions. He went on to say he wanted to become a better man and father when he returns to Ohio, and concerning his child, he said.
“And I love a little girl,” Shannon said. “I just want to get back to her.”
The judge then sentenced Shannon to serve one year in jail in Washington County with credit for time served. Once completed, the defendant would be extradited directly from the jail back to Ohio to address the cases there. He was also placed on bench probation, which would be terminated as soon as the defendant was back in Ohio, so as not to complicate any extradition or interstate compact agreements.
Shannon waived extradition during the sentencing hearing to expedite the extradition process.
Shannon’s codefendant, Atkins, ultimately pleaded guilty to the drug and weapons charges, while the open container and paraphernalia charges were dismissed.
On June 5, Atkins appeared for sentencing. She was ordered to serve 120 days in jail and was placed on three years’ probation, along with other requirements as ordered by the court.
She was also prohibited from leaving the state without completing an interstate compact with her home state, Ohio, for example, which would allow her to complete her sentence there should that state agree with the arrangements.
This report is based on statements from court records, police or other responders and may not contain the full scope of findings. Persons arrested or charged are presumed innocent until found guilty in a court of law or as otherwise decided by a trier-of-fact.
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