ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, June 20, 1996 TAG: 9606200040
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
DATELINE: PEARISBURG
SOURCE: LISA K. GARCIA STAFF WRITER
A New Castle man never had physical control of 10 pounds of marijuana that was part of a seizure from an undercover drug bust in late March, so he agreed Tuesday to plead guilty to the reduced charge of misdemeanor possession, the prosecutor said.
Giles County Commonwealth's Attorney Garland Spangler said the original charge of felony possession of marijuana with intent to distribute more than five pounds against Michael Brent Estes, 33, would be hard to prove.
"[Estes'] role was much more difficult to prove; his role was one mainly that of one who was present for a portion of what was going on," Spangler said.
General District Judge T.D. Frith sentenced Estes to 12 months probation, one condition of which is taking regular drug screening tests; suspended his driver's license for six months; and required him to complete a drug rehabilitation program run by the state.
If Estes successfully completes the drug program, the misdemeanor charge will be dismissed.
William Lawrence Stormont, 23, of Blacksburg, was arrested along with Estes on March 23. Stormont waived his right Tuesday to a preliminary hearing and a felony possession of marijuana with intent to distribute more than five pounds was certified to the grand jury. The next step, if the grand jury issues an indictment, is a trial in Circuit Court. The charge carries a maximum penalty of 30 years in prison, Spangler said.
An undercover investigation by the Giles County Sheriff's Office and the state police led to the men's arrests, the seizure of 12 pounds of marijuana and two vehicles.
The estimated street value of the marijuana is about $20,000, sheriff's Lt. Gary Price said.
Spangler said Stormont was the main person trying to sell the marijuana to an undercover officer and brought a 2-pound "sample" to the officer while trying to close the deal. The remaining 10 pounds was located in another location near Estes' vehicle. Spangler said Estes was driving a vehicle the night of drug bust, but he never drove a vehicle with drugs in it.
LENGTH: Short : 46 linesby CNB