The Colthars were originally indicted by the Darke County Grand Jury on two counts of Illegal Cultivation of Marijuana and Possession of Marijuana. Under the plea agreement, the Colthars had the first count of Illegal Cultivation of Marijuana dropped provided they plead guilty to the second count of Possession of Marijuana. William’s charge is a second degree felony punishable by a minimum mandatory sentence of five years and a maximum of eight years in jail. Michelle’s charge was amended to a third degree felony, which will allow for community control sanctions or up to a three year prison term. William also faces a minimum fine of $7,500 and Michelle could be fined $5,000.
Sentencing is scheduled for April 22 and R. Kelly Ormsby, prosecuting attorney, is asking the judge to impose a five-year sentence and $7,500 fine for William and community control sanctions and a $5,000 fine for Michelle. They would also be required to forfeit all firearms, drugs and drug paraphernalia seized during the investigation. The state is not seeking forfeiture of Colthar’s property.