THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, June 12, 1996 TAG: 9606120415
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JON FRANK, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 86 lines
A jury Tuesday sentenced a 27-year-old man with no prior convictions to 90 years in prison and fined him $1 million for smuggling one kilogram of crack cocaine into Virginia from the Virgin Islands.
It was a stiffer sentence and higher fine than SEAL trainee Billy Joe Brown received less than a week earlier in the slaying of Georgia college student Jennifer L. Evans. Brown received a sentence of 72 years and a fine of $63,000.
Eugene ``Quick'' Smalls of Bridgewater Arch in Virginia Beach, a native of St. Thomas in the U.S. Virgin Islands, was convicted by a jury on three charges: transporting more than one ounce of crack cocaine into Virginia; conspiracy to distribute; and possession with intent to distribute.
He was sentenced to 30 years for each of the three charges and fined $500,000 for the transportation charge. Smalls was fined $250,000 each for the other two drug convictions.
It was one of the stiffest sentences ever for a drug case in Virginia Beach, said prosecutor David Laird. And defense attorney James O. Broccoletti, who has years of experience defending people charged with drug offenses, said it also was ``by far'' the harshest sentence that he has witnessed.
``It is demonstrative of the public's attitude toward drugs,'' Broccoletti said.
But Broccoletti also said it is a reflection on the community where the offense occurred.
``Virginia Beach juries have always been very, very, very harsh in the imposing of sentences in drug cases,'' Broccoletti said. ``They are known for that.'
The sentence is way out of line with the state's sentencing guidelines, which recommend a sentence of between four and seven years in prison, said Broccoletti. Circuit Judge Kenneth N. Whitehurst Jr. could reduce the sentence when he formally sentences Smalls on Aug. 6, the defense attorney said.
The high fine may also have been a reaction by the jury to 12 tape-recorded telephone conversations that Smalls had that were entered into evidence during testimony Monday.
During the conversations, Smalls bragged that he owned a hotel and had recently invested $175,000 in someone's business. He also boasted of other drug deals. One kilogram, or 1,000 grams, of crack cocaine has an estimated street value of $200,000.
``It was clear that this was a man of substance,'' Broccoletti said.
Two of Smalls' delivery men, or ``mules,'' testified Monday that they delivered drugs for Smalls from St. Thomas to Virginia Beach.
One of the mules, Clint Williams, testified that he was instructed by Smalls to take a carry-on bag onto a commercial plane in St. Thomas bound for Norfolk. He said he was told he would find the kilo of crack behind a trash receptacle in the plane's restroom.
From there Williams was able to bring the crack into Norfolk without being searched.
A police informant purchased the crack in a parking lot at a McDonald's restaurant on Indian River Road near the Chesapeake-Virginia Beach city line Dec. 4. Smalls, his ex-girlfriend and the two mules were arrested Dec. 6 at Smalls' home.
Moments before Smalls was convicted Tuesday, Broccoletti counseled him to plead guilty and remove the jury from the sentencing procedure. At first Smalls agreed, Broccoletti said, but when the charges were read, he surprised his attorney by again pleading not guilty.
``I wanted to avoid exactly the thing that happened from happening,'' Broccoletti said. ILLUSTRATION: THE CRIME
Transporting more than one ounce of cocaine into Virginia
Conspiracy to distribute
Possession with intent to distribute
THE SENTENCE
30 years for each charge
(EQ) 90 years
THE FINE
500,000 for transportation charge +
250,000 for conspiracy charge +
250,000 for possession charge
(EQ) $1 million
THE STATE GUIDELINES
Recommend between 4 and 7 years
KEYWORDS: SENTENCING DRUGS ILLEGAL by CNB