Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, March 27, 1992 TAG: 9203270384
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: JOHN SMALLWOOD STAFF WRITER
DATELINE: LENGTH: Medium
But the court Fitzgerald was in on Thursday had nothing to do with basketball. And afterward, it was a police officer leading him to prison, not a coach to a locker room.
Putting aside Fitzgerald's pleas for another chance, Circuit Judge Diane Strickland accepted the state's recommendation. She sentenced Fitzgerald, the Roanoke Times & World-News' 1989-90 basketball player of the year, to five years in prison - with two suspended - for possession of crack cocaine with the intent to distribute.
Strickland ordered Fitzgerald, 19, who dropped out of William Fleming High School after his junior year, to get his high school equivalency diploma. She also sentenced him to random drug testing, and ordered him to enter a drug rehabilitation program. She suspended a $100 fine.
Possession of crack with the intent to distribute carries a penalty of five to 40 years in prison.
"I think the sentence was appropriate since it was his first time being involved with something like that," said Assistant Commonwealth's Attorney Ann Gardner.
Fitzgerald was arrested on the night of Sept. 27 after police received a complaint about drug activity near the 1700 block of Melrose Avenue. After a brief chase, Fitzgerald was caught and admitted that he was selling crack.
He pleaded no contest to the charges in Roanoke Circuit Court on Jan. 23.
During his testimony, Fitzgerald told Strickland, "I made a big mistake, and I'll never do it again. It makes me feel real stupid, and I want another chance if possible."
Fitzgerald's attorney, Steve Milano, said he expected some incarceration, but asked Strickland to give Fitzgerald a short jail term followed by probation. Milano said Fitzgerald wanted to enroll in a GED program and "at least apply to college."
"My biggest mistake was dropping out of school," said Fitzgerald, who dropped out after being ruled academically ineligible to play basketball. "That's when I made my downfall, and now I'm trying to make a comeback."
Fitzgerald, who was a top college prospect, told Strickland he has a scholarship offer to play basketball at West Virginia State College, an NAIA school in Institute, W.Va., if he gets his GED. He said he wanted to major in physical therapy.
No one at West Virginia State could confirm or deny a scholarship offer.
"Mr. Fitzgerald has a future ahead of him if he chooses to pursue that," Milano said. "I'd like to see the court fulfill its goal of rehabilitation and education - at least in this case."
Gardner argued that although this was Fitzgerald's first felony conviction, he has had several misdemeanor offenses.
"He's no stranger to the court or jail," said Gardner. "His record has a lot of suspended sentences. He had scholarship opportunities most kids didn't, and yet he chose to become a drug dealer. The charge we're here for is a serious one and has serious repercussions to the community."
Gardner said Fitzgerald lied to his probation officer, Barry Sheeran, when he said he had only tried powder cocaine and never crack, but later told police he had been using crack "almost every day" when he was arrested.
"He has not been forthright, and there's no reason to believe he's being forthright with what he's said today," she said.
Fitzgerald said he told Sheeran he was using powder because "I was scared to say I was smoking crack. It's a difference between powder and crack. I didn't want anyone to know I was smoking. When I was doing crack it made me drop out of school and go down."
by CNB