THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, September 27, 1996 TAG: 9609270726
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY LANE DEGREGORY, STAFF WRITER
DATELINE: MANTEO LENGTH: 44 lines
A Superior Court judge gave convicted cocaine dealer Leroy ``Boogie'' McClease a suspended sentence of about 9 to 11 years Thursday.
But as a condition of his probation, the 47-year-old Manteo native will have to serve more than two years behind bars.
McClease had been found guilty earlier of 20 charges relating to the sale and possession of crack cocaine as part of the ``Season's Greetings'' drug sting. He will be taken to a Raleigh prison this week and soon may be reassigned to another state facility.
``Under structured sentencing guidelines, the judge couldn't give him an active sentence,'' Assistant District Attorney Robert Trivette said. ``But as part of his probation, the judge could order him to serve active time. Judge Richard Parker gave him almost everything he could give him.''
``The last offense McClease was charged with was in November - 14 days before new structured sentencing rules went into effect,'' said the prosecutor. ``If he'd been convicted of crimes that occurred after Dec. 1, he could have gotten an active sentence outright.''
McClease's active sentence is for three years and 15 days. But, Trivette said, since he's been in Dare County's jail since being arrested in December, he will receive credit for the 283 days he's already served. McClease will be on probation for 36 months after being released from prison and will be under curfew between 7 p.m. and 7 a.m.
Parker also ordered McClease to pay $15,554 in attorney fees, court costs and fines. Of that total, $2,350 will be used to reimburse the state for money an undercover agent used to buy drugs from McClease.
McClease was one of 49 people indicted during December's ``Season's Greetings'' drug sting. An undercover agent with the state's Alcohol Law Enforcement Division spent four months on the Outer Banks buying drugs before law enforcement officers launched a pre-dawn raid of homes across Dare County, six days before Christmas.
Of those charged, 30 have pleaded guilty, nine cases are pending and seven people cannot be found, Trivette said.
McClease's case was the first to go to trial. On Sept. 14, a Dare County jury found him guilty of 20 out of 25 felony charges. According to an indictment, McClease sold crack to the undercover agent seven times.
KEYWORDS: DRUGS ILLEGAL SENTENCING by CNB