Lengthy sentence given in drugs case
Watts found guilty without testimony from informant, claims trial was unfair
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HOLLIDAYSBURG -- A Blair County judge has sentenced a Johnstown man to 16 to 32 years' incarceration based on drug-trafficking convictions that a jury rendered without hearing testimony from the confidential informant who made the purchases.
John Anthony Watts, 36, told Judge Jackie Bernard on Tuesday that he didn't get a fair trial in her courtroom in August when a jury reached guilty verdicts in two criminal cases involving three sales in early 2022.
"Somebody said I sold something? Where is he?" Watts asked in court just before Bernard handed down the lengthy sentence. "I have a right to face my accuser."
Bernard, who presided over Watt's three-day trial, said she thought the circumstantial evidence offered at trial was "pretty overwhelming" in support of the guilty verdicts.
The jury convicted Watts of three counts of possession with intent to deliver fentanyl, three counts of criminal use of a communications facility, three counts of simple possession of a controlled substance and three counts of possession of drug paraphernalia.
Trial evidence indicated that the informant -- during two purchases in Altoona and one near Ebensburg -- paid $900 each time to Watts for what added up to about 25 grams.
That equates to about 900 packets of fentanyl, Assistant District Attorney Jonathan Thomas told Bernard as justification for seeking a lengthy sentence in light of the danger it presents to the users and the community.
"This isn't some nominal, minor amount," Thomas said.
In handing down the sentence, Bernard described the quantity as significant and told Watts he wasn't entitled to a volume discount for three separate sales.
She assigned consecutive five- to 10-year sentences to each of Watts' possession with intent to deliver convictions, then added an additional one to two years' incarceration for one of the criminal use of a communications facility convictions. Sentences assigned to other convictions are to be served concurrently.
As factors influencing the sentence, Bernard referenced Watts' escalating criminal history, his lack of employment history and his lack of remorse. She also pointed out that at the time of the drug sales, Watts was on probation imposed in Cambria County.
"I think it's a very appropriate sentence," Thomas said after court concluded. "Nine hundred packets? That's a lot of fentanyl."
Defense attorney Phil Robertson, who has become Watts' attorney since trial when Watts was represented by attorney Scott Pletcher, told Bernard that he is preparing an appeal on his client's behalf.
"We just don't agree with the verdict," Robertson said.
In seeking a lesser sentence, Robertson pointed out that Watts' criminal history includes no prior drug delivery convictions.
The defense attorney also said the three drug sales should be viewed as a course of conduct and thereby adding up to a sentence of no more than eight to 16 years' incarceration.
Robertson also called upon Watts' family members, who spoke about his difficult childhood and asked for leniency so he has a chance to turn his life around. They also acknowledged that Watts has seven children.
Bernard told Watts that as part of his sentence, he must pursue a high school diploma, some type of job training and make an effort to meet responsibilities to his family and children.
She gave him credit for time served since his Oct. 16, 2023, arrest in New York, on a warrant issued in connection with the drug sales.
Mirror Staff Writer Kay Stephens is at 814-946-7456.