A Wise County jury has convicted an assistant principal of unlawfully possessing oxycodone, the main ingredient in the drug OxyContin, while acquitting him of more serious charges of drug distribution and conspiracy.
Ricky Dale Webb, 37, was indicted in January on counts of distributing OxyContin, conspiracy to distribute, and distributing the drug within 1,000 feet of a school. Prosecutors alleged Webb committed the crimes between Jan. 1, 2004, and Dec. 15, 2008, during which time he was assistant principal at Powell Valley Middle School; the accusations did not involve students, a prosecutor said.
On Monday, the jury found Webb guilty of the lesser felony of possessing the drug and recommended a $1,000 fine and one month in jail, according to Suzanne Kerney-Quillen, Wise County deputy commonwealth’s attorney.
Both Kerney-Quillen and Webb’s defense attorney found something to like in the jury’s verdict.
“We’re still very pleased with the verdict,” Kerney-Quillen said Tuesday, noting the case was based largely on circumstantial evidence, without the benefit of forensic proof. “We are very pleased with a conviction for felony possession.”
Wayne Austin, Webb’s defender, emphasized the jury’s acquittals.
“We’re very pleased with the jury’s acquittal on the three very serious charges that he faced,” Austin said, adding that he intends to file a motion to set aside the jury’s sole conviction. He would not elaborate on the grounds for his motion when contacted Tuesday.
“I think that the jury certainly spoke volumes in the credibility that they gave to the commonwealth’s witnesses in finding him not guilty of any drug distribution charges,” Austin said.
During the four-day jury trial, Webb testified that he did not have a prescription for OxyContin, his lawyer said.
Webb, of Big Stone Gap, remains on unpaid leave from Powell Valley Middle School, Austin said.
The attorney for the Wise County School Board did not return a phone message seeking comment Tuesday.
In February, the superintendent of Wise County schools said Webb hadn’t been in Powell Valley since December 2008.
“All of our employees are innocent until proven guilty,” Superintendent Jeff Perry said.
Webb faces sentencing Jan. 13.
dgilbert@bristolnews.com | (276) 645-2558
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