CHARLESTON, W.Va. – The brother of Gov. Earl Ray Tomblin pleaded guilty in federal court Tuesday to distributing drugs and will remain on home confinement until his sentencing June 25.

However, that arrangement was made tenuous after Carl Tomblin, 50, of Chapmanville, tested positive Tuesday morning for a non-prescribed controlled substance.


Carl Tomblin pleaded guilty in federal court Tuesday to selling drugs.

One of the first questions U.S. District Judge John Copenhaver asked Tomblin was had he taken any drugs other than those prescribed to him by a doctor in the last 24-hours. He told the judge no. However, near the end of the hearing, when the judge read the pre-sentencing report, he noted that a drug test Tomblin took before the hearing showed benzodiazapine, better known as Valium.

Copenhaver made it clear if Tomblin tests positive for any unauthorized drugs again he would be going to prison with an increased sentence.

Tomblin pleaded guilty to one count of distributing oxymorphone to an informant with the U.S. 119 Task Force on Dec. 6. However, Tomblin admitted in court he sold the drug one pill at a time to the same informant on at least five separate occasions between December and January. Tomblin estimated he sold between 30-40 oxymorphone pills between Jan. 2013 and Jan. 2014.

Tomblin faces up to 20-years in prison and a $1 million fine. That all depends on his cooperation with the U.S. Attorney’s Office.

Copenhaver said so far Tomblin hasn’t accepted responsibility for his crime. Not only did he test positive for the drug Tuesday morning, he also checked himself out of a drug rehab in Huntington earlier this month, 25 days into a program scheduled to last six months to one year.

The judge reluctantly agreed to allow Tomblin to post $10,000 bond and remain on home confinement until his sentencing. However, Copenhaver warned Tomblin: “There will be no fooling around with you!”

Tomblin’s mother and father were in the courtroom for the hearing.

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  • Mike Dineen

    DWL you are a fool drug addiction is a disease and needs to be treated like one. It helps no one putting people in jail

  • Concerned & Compassionate

    It's pathetic that people like DWL comment out of ignorance. Had DWL done the reseach, he/she would have discovered that for every $1 invested in treatment, more than $7 is saved in the criminal justice system and more than $4 is saved in the the health care system. Rather than continually throwing money away in the legal & judicial sysytems, we as a society need to support effective treatment. Please don't respond out of ignorance. GET YOUR FACTS FIRST!

  • P1

    a pardon already in the werx...

  • northforkfisher

    Back in the day the VA Administration had the theory dope don't fix them. They realize they open Pandora box, now they are jumping through hoops trying to close it.
    To make matters worse you have people scamming the system to get them, that are not sick, for the sole purpose of selling for a profit.

  • Mountainsurfer

    How about the drug companies that make this junk.The doctors and lobbyists that have made this possible pay for treatment.They sure have made enough money in W.VA. to do so.

  • Joe c ferral

    He is scum bag what a loser good riddance

  • Jim N Charleston

    At least he's consistent.

  • DWL

    I hear Cousin Earl Ray's family is going to have the pharmaceutical concession at the Greenbrier during the National Felon’s League training camp. From the pre-judicial appearance, bro is testing each item of the warehouse’s stock. Happy swallowing!

  • roger stanley

    I wonder why the judge reluctanly allowed him bail? It says he could face 20years and 1 million on fines. I am willing to bet right now he won't get more than a slap on the wrist and sent home. Any takers?

  • Pickle Barrel

    Every family has a Fredo.

  • Jason412

    The preferential treatment comes as no surprise. Anyone else who failed a drug test at court would of been locked up on the spot.

    This guy obviously just wants to continue using drugs regardless of his legal problems. If he were that addicted to the Opana he was selling, he would of tested positive for opiates (pain medicine) not benzodiazapines (anxiety medicine) completely different class of drugs with completely different effects.

    Also, I don't understand why the article says "benzodiazapine, better known as Valium" Was it supposed to say "Diazepam, better known as Valium"? Benzodiazapine is a class of drugs, not a specific drug. It's like saying "opiates, better known as heroin" when it could be oxycontin or 100 other things.

  • Aaron

    Unfortunately, prescription drug abuse has become a crux in West Virginia that knows no economic or demographic barriers. From the very young to the very old, rich, poor, black, white and all in between, it is a problem in this state that has been difficult for officials to battle.

    Perhaps instead of attacking it from the law enforcement in which those selling pills one at a time are captured, we treat this epidemic through treatment?

    • Hillbilly

      I know some addicts who have had several different stints in rehabs and it does not work. For one thing, its very expensive, so most addicts do not complete it, rather only stay there a few days. Also its not long enough or involved enough to actually "cure" them. In southern WV, you have to go out of state for a decent facility.

      • Aaron

        So instead of spending millions on investigating, prosecuting an jailing addicts, why not spend that money on proper treatment?

        • The bookman

          If you were able to choose given those two choices, I'd choose treatment. But the problem is you generally have to expend resources on investigating and prosecuting, and sometimes even jailing to get to the treatment stage. To rely on treatment alone, a very expensive venture, with its inconsistent result just doesn't make sense. No easy answers to this very difficult question of how to quell drug abuse in our society.

        • DWL

          Why should the taxpayer foot the bill for a druggie's rehab? Did we make him the druggie? Same goes for the alcoholic. Did we make him take the drink? So far as I am concerned, he/she made themselves an addict, then they need to make themselves "not an addict"! They have 2 ways out - #1 - Admit they are an addict and seek their own help at their or their family's expense (period); or #2 - Death from OD. Their option.

          Now if you want to pay for their treatment - Start your own foundation and pay for their wasted treatment yourself - free of ANY government funds, grants, etc. Please post your name, address and contact info and we will be sure to direct this scum to your doorstep, other wise don't preach public paid treatment. IT DOES NOT WORK.

          • Doc Who Agrees With DWL

            Why not make treatment another entitlement? Democrats could run on this issue and do our expense!!

            It nobody's problem but the druggies to deal with.

          • Jima

            ...... By the way-- I noticed that you didn't put your real name or address!!!

          • Jima

            ..... you are such a fool DWL - your are behind the times and I guarantee either you or your family has some a skeletons in the closet and wouldn't want to be judged!!