Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 29, 1991                   TAG: 9103290391
SECTION: VIRGINIA                    PAGE: B-1   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium

EX-COACH AVOIDS JAIL TIME/ POT BUY FROM STUDENT RESULTS IN COMMUNITY SERVICE,

"When this first came up I fully intended to jail you, and that would be the easy thing to do," Roanoke Circuit Judge Roy Willett told David Gary Nelson on Thursday.

But in giving Nelson a suspended jail sentence and community service, Willett said: "I've honestly tried to do the right thing, and not the easy thing."

Nelson, 41, was charged in October with possession of marijuana and contributing to the delinquency of a minor after he set up a drug deal in which he bought marijuana from one of his 16-year-old students.

In separate hearings last year, judges in Juvenile and General District courts convicted Nelson and set his punishment at 30 days in jail. But because he appealed to Circuit Court and later pleaded no contest, Nelson was sentenced a second time Thursday.

And this time, he had the benefit of a pre-sentence report that detailed what even prosecutor Jeff Rudd called his "stellar background" as a teacher and a coach.

Willett said the case presented a troubling dilemma - while on one hand Nelson should be held more accountable because of his position, on the other hand he already has been punished more than someone not in his position.

"The real victims here are you and your profession," Willett said.

Since he was charged, Nelson has resigned his long-time teaching and baseball coaching job at Patrick Henry and is working as a bartender.

"He loved the profession," defense attorney Harvey Lutins said. "That was his life."

While Lutins argued that his client already has been punished enough, Rudd reminded the judge that Nelson had been sentenced to jail at earlier hearings. Even so, Rudd pointed out Nelson's spotless background and his remorse.

"I'm not willing to ignore that," Rudd said. Nelson's case - which is the last Rudd will handle as Roanoke's regional drug prosecutor - was "one of the most difficult," he said. Rudd has resigned to enter private practice.

With Rudd not making a strong push for a jail sentence, Lutins began his closing argument by saying: "Mr. Rudd has shortened my argument considerably."

On the misdemeanor possession charge, Willett fined Nelson $100. For contributing to the delinquency of a minor, he received a 90-day suspended jail sentence, was ordered to perform 150 hours of community service and was fined $500.

Earlier testimony has shown that Nelson - who described himself as a role model who often warned his students about the dangers of drugs - made a drug deal after first striking a friendship with the 16-year-old student.

Nelson asked the student last fall to sell him a small amount of marijuana and gave the youth $40. But after spending the money, the student became nervous and eventually went to police.

Vice detectives then arranged a controlled purchase in Jackson Park, where Nelson was videotaped picking up the drugs from the youth. He was arrested minutes later.