ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, June 11, 1996 TAG: 9606110046
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: JAN VERTEFEUILLE STAFF WRITER
A former Roanoke school bus driver who dealt crack cocaine on the side was sentenced to almost five years in prison Monday.
Wayne Hicks, 24, choked up as he apologized to the court, the government and his family. He could have received a stiffer sentence, but Chief U.S. District Judge Jackson Kiser agreed to go below the federal sentencing guidelines that called for a sentence of more than eight years.
Hicks pleaded guilty to possession with intent to distribute 38 grams of crack, an amount significantly higher than what would be considered "for personal consumption."
The charge stemmed from Hicks' own cooperation with police, who initially were looking at him as part of a marijuana investigation, his attorney said.
After police found a pound of marijuana, two guns and about $700 in cash in Hicks' bedroom, he led them to the boarding house's basement, where he dug the cocaine out of the dirt.
Roanoke Police Detective Danny Brabham testified Monday that police probably wouldn't have found the crack without Hicks' help - and even if they had discovered it, they couldn't have tied it to him because other people were living there.
Kiser agreed with a motion by Hicks' attorney, Tony Anderson, to go below the guidelines because Hicks voluntarily admitted to a crime.
"It's a close question" according to the guideline rules, Kiser said, "but I'm going to decide it in favor of the defendant. What started as a marijuana investigation turned into a cocaine investigation because of Mr. Hicks' cooperation."
Anderson said Hicks "didn't realize he was putting the noose tighter around his neck by cooperating fully and honestly."
Kiser recommended Hicks get substance abuse treatment and that he be placed in a "boot camp" prison program, if he qualifies for it. But federal guidelines say inmates must be serving sentences of less than 30 months to be eligible for what is officially known as "shock incarceration," which includes hard labor, a military regimen and job training. Hicks was sentenced to 57 months.
Hicks lost his job after his arrest became public in December. Anderson said he was not dealing crack in connection with his bus driving job.
LENGTH: Short : 48 linesby CNB