[ambrose]

20 years for a first time offender, and it merits nothing more than brief coverage in a local paper. Of course, this man isn't a beauty school student who can cry up a storm at the time of sentencing.


http://yorknewstimes.net/stories/051705/localnews_lewis17.shtml

Tuesday, May 17, 2005
Terry Lewis sentenced to 20 years




By Melanie Wilkinson
staff writer


YORK -- Terry Lewis, 49, of York, has been given a two-decade sentence for delivering drugs.





"You were a community leader and people looked up to you. You should have been a role model, not a drug pusher. Anything less than a substantial sentence would depreciate the seriousness of this crime."
-- Judge Alan Gless

The scene played out in District Court yesterday afternoon, as Judge Alan Gless made his final decision.

Lewis pled no contest earlier to amended charges that he distributed methamphetamine, which is a Class III felony. He was facing a maximum possible sentence of 40 years in prison.

He was originally charged with distribution of a controlled substance in close proximity to a school, on both counts, but that enhancement was dropped as part of a plea agreement. Those were Class II felonies that would have carried a possible maximum sentence of 50 years in prison. Also dropped as part of the plea agreement was a charge of possession of meth, a Class IV felony, which carried a possible maximum sentence of five years in prison.

Lewis was first arrested last September for possession of methamphetamine. At the time of his arrest, he was serving as the president of the York Chamber of Commerce and was the funeral director at Lewis Funeral Chapels.

At that time, Lewis was released from jail on bond, and approximately a month later was again taken into custody, this time charged with the more serious crimes. It was also alleged that the use of embalming fluid accompanied the distribution of meth.

During Lewis' earlier chang-of-plea hearing, York County Attorney Randy Stoll said an informant arranged a drug buy with Becky Rivero, Lewis' co-defendant, at Lewis Funeral Chapel in York. "Two men, one being Lewis, and Rivero were present, with Rivero talking to the informant while the two men weighed and bagged the meth. The informant was wired with a recording device. At one point, one of the people in the room said 'This is the best (stuff) we've ever had.'"

"They continued to have a discussion about the price, and the informant asked whether or not the meth had been underweighed. At that point," Stoll continued, "Lewis could be clearly heard saying, 'We don't cheat on dealing. I'm a member of the DDEA, the Dope Dealer Ethics Association.' Following the buy, the informant turned the substance over to the state patrol. It tested positive as meth, and weighed .42 grams."

Stoll continued to describe the second drug buy, again with a wired informant, on Oct. 21, which also took place at Lewis Funeral Chapel. He said this time, the meth returned to the state patrol weighed 1.93 grams, with a 44 percent purity.

Lewis' attorney, Scott Grafton, addressed the court prior to sentencing.

"My client's first encounter with law enforcement was after he was 45 years old, for a traffic violation. At the age of 48, there were, however, a series of events that caused his life to unravel," Grafton said. "The number one reason was the fact that his wife was losing an eight-year battle with cancer, which she lost. He then began using drugs and alcohol, unfortunately, to cope with that loss."

"Prior to this, he had been consistently employed for many years, had a bachelor's degree and was a certified funeral home director," Grafton said. "Since his arrest, he hasn't been able to bond out, and has been in jail for 184 days. Then, his father passed away in early 2005, and he was unable to attend his funeral. As far as the seriousness of this crime and the consequences, he's had many. He's had sacrifices and consequences because of all this -- he lost his job, he couldn't attend his father's funeral, he lost the respect of the business leaders in the community. He turned to drugs and alcohol to deal with the loss of his wife, that's how this started."

"He's not violent, he's not a predator," Grafton said. "The co-defendant (Becky Rivero) led my client this way, the way he went, after 48 years (of another life)."

Grafton said that because Lewis had "a complete lack of criminal past, he would be an appropriate candidate for Intensive Supervised Probation (ISP). I believe he needs counseling and I don't think ISP would depreciate the seriousness of this, considering the sacrifices and consequences he's already faced."

"His wife died in April, 2004, and it was just shortly after that when Rivero moved in," York County Attorney Stoll countered. "He left two kids, 13 and 17 -- and now they're living outside the home because he was arrested. He was convicted of delivery while these kids were there. The house was found to be a terrible mess, not fit for anyone to live inside. And the people that were coming and going . . ."

"This is about the choices he made," Stoll continued. "At the time (his sons) needed him most, he abandoned them for meth and another woman. Those kids are the victims in this crime, not Terry Lewis."

Lewis was given a chance to speak, during which he said, "There was no delivery of drugs while the kids were in the house. Yes, it took place in my house, but not until after (the children) were taken. I am very sorry I lost my kids."

"You certainly did," Judge Gless said, before handing down the sentence.

"Treatment requires a long enough sentence to ensure you complete it," the judge said. "I have to consider that, and I also have to consider that you were on probation for driving under the influence while you were helping other people become addicts. We've been battling meth in this county for some time, and today's message is that we have to make this stop, one way or another."

Lewis was given a sentence of 10-15 years in prison for one count, and 10-20 years on the other -- to be served concurrently. He could be eligible for parole in five years, the judge said. He was also given credit for 125 days already served.

Incidentally, Rivero pled no contest to two counts of delivery yesterday in District Court. She will be sentenced at a later date.

[ambrose]

It is okay when the draconian sentenced are meted out in the United States. It is only bad when it is done in a foreign land against a pretty girl who cries up a storm after being caught.


http://home.hamptonroads.com/stories/print.cfm?story=84911&ran=178354


Man gets 20 years in prison on drug charges
By JOHN HOPKINS, The Virginian-Pilot
© April 13, 2005
Last updated: 10:53 AM

Video: Man jailed after allegedly smuggling drugs on airplane

---

CHESAPEAKE — A 36-year-old San Diego man was sentenced to 20 years in prison Tuesday for transporting drugs by commercial airline into Chesapeake.



Police seized 12.9 pounds of marijuana and $203,108 when they arrested Darrell D. Bell and an accomplice at a Greenbrier extended-stay hotel in late 2003. Bell told police he had transported 220 pounds of marijuana and another 108 pounds on other occasions.



“I’d just like to apologize to the court and the people of Virginia for the mistake I’ve made,’’ said Bell, a father of three and former employee at an elementary school in San Diego.



Circuit Judge V. Thomas Forehand Jr. sentenced Bell on charges of transporting drugs into the commonwealth, possession of marijuana with the intent to distribute, possession of a firearm with drugs and conspiracy. His accomplice, Kevin Allen Key, 36, of Las Vegas, is scheduled to be sentenced June 3.



The two men flew into Hampton Roads from San Diego, rented two rooms at the Sun Suites of Chesapeake at 1520 Crossways Blvd., and sold drugs in pound quantities, according to Assistant Commonwealth’s Attorney Kenneth A. Phillips, who prosecuted both cases. They kept the drugs in one room and the money in another.



“He stated that he pushed in the bad neighborhoods,’’ Phillips said. “He stated that he sold nothing smaller than a pound.’’



Although airport security was increased after Sept. 11, 2001, Bell admitted to police that they transported the drugs by air, according to the prosecution.



Jo Anne Spencer, Bell’s attorney, said her client wasn’t the leader of the drug scheme. She would have argued at trial that her client actually purchased the drugs here, she said.



He failed to make money during his first trip to Chesapeake, she said in arguing for a lighter sentence. Bell had lived an exemplary life before the crime, Spencer said.



“We’re talking about marijuana,’’ Spencer told the judge. “We’re not talking about cocaine or heroin. We’re not talking about any hard-core, addictive drugs.’’



Forehand called the crime a “rather elaborate and sophisticated criminal enterprise,’’ and one of the biggest of its kind he’s seen. He dismissed the notion that marijuana is a lesser drug.



“It’s still illegal,’’ Forehand said. “It’s still deemed by many experts as harmful. ... ’’



Bell was a “noon-duty assistant’’ at Knox Elementary in San Diego, a position that required him to organize and oversee children at lunch and recreation, said Steven Baratte, a school spokesman.



Bell entered a conditional guilty plea in February, a move that will allow him to appeal an earlier court ruling by another judge concerning the suppression of evidence in his case. His accomplice, Key, was convicted by a jury in January of conspiracy and possession with the intent to distribute marijuana.



The jury recommended a sentence of 31 years in prison for Key.






Reach John Hopkins at 222-5221 or at john.hopkins@pilotonline.com.