The Transylvania Times -

By Kevin Fuller
Staff Writer 

Probation Violations Lead To Jail Time - Brevard NC


A Rosman man was sentenced to prison last week after violating his probation terms on several occasions.

Troy M. Lavery, 26, of 93 Camley Drive, will spend a minimum of 15 months and a maximum of 45 months in prison after failing drug tests, being found in possession of drug paraphernalia and having contact with a convicted drug user.

According to court documents, Lavery tested positive for benzodiazepines, methamphetamines and amphetamines on Aug. 27 while on probation and having three consecutive 5 to 15 month sentences being suspended pending the successful completion of probation.

A probation officer also said that a warrantless search of Lavery’s residence on Sept. 17 led to the discovery of a syringe and Xanax, and Lavery did not have a proper prescription, which was also a probation violation.

The probation officer also said Lavery was in contact with a known and convicted drug user and possessor on several occasion and also admitted to taking a Percocet without a valid prescription, both of which are parole violations.

Court documents also said Lavery has several pending charges including possession of drug paraphernalia; felony maintaining a vehicle, dwelling or place for a controlled substance; possession with intent to sell or distribute a schedule IV controlled substance; felony possession of a schedule II controlled substance; simple possession of a schedule IV controlled substance, which would all be probation violations if convicted.

Other Transylvania County Superior Court cases of note:

•A 12-person jury found William G. Swenson, 52, of 106 Rhododendron Drive, Brevard, not guilty of burning buildings and arson resulting in injury. Swenson was accused of setting a Brevard building on fire, resulting in the injury of a firefighter.

•Judge Mark E. Powell ruled Michael A. Kitchen competent to proceed in the trial in which Kitchen is accused of two counts of resisting a public officer. A trial date was set for Dec. 15, 2016. Kitchen is also involved in a civil suit against Brevard Police officers.

•William S. Howell pled guilty to misdemeanor drug charges and being a habitual felon.

He was sentenced to 36 months probation with a suspended sentence of 29 to 47 months, pending the successful completion of probation.

Several felony drug charges were dropped as a result of the plea arrangement.


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