Pubdate: Wed, 12 Jul 2000
Source: Advocate, The (LA)
Copyright: 2000 The Advocate, Capital City Press
Contact:  525 Lafayette St., Baton Rouge, LA  70802
Website: http://www.theadvocate.com/

FEDERAL JUDGE GIVES EX-CHIEF TONGUE-LASHING, 33-MONTH TERM

LAFAYETTE -- A former Duson police chief got a tongue-lashing and a
33-month sentence from U.S. District Judge Richard Haik at his
sentencing on drug conspiracy charges.

Tom Deville, 51, was accused of ignoring a Duson drug ring operated by
Lanier "Pop" Cherry and later acting as a drug runner in the operation.

The sentence given Monday was the maximum under federal sentencing
guidelines.

"This is one of those things where I wish there were no guidelines,"
Haik said. "If there wasn't, I'd blow him out of the water -- not with
a gun, but with the sentence."

It's possible the former chief could be facing additional jail time,
however. He is scheduled for trial Oct. 16 in state district court on
charges of malfeasance and indecent behavior with a juvenile,
according to Kathy Duhon, Lafayette Parish assistant district
attorney. She said Deville has filed a motion to quash the charges,
and a hearing on that issue has been set for Sept. 14.

Haik also sentenced Linda Ballara, who lived with Cherry, to 48 months
in prison for her role in the drug conspiracy.

A federal jury deliberated just three hours in February before
convicting Deville on narcotics charges. The charges included
conspiracy to distribute marijuana, possession with intent to
distribute marijuana and interstate travel in aid of
racketeering.

The sentences on each count will run concurrently.

Haik referred to Deville as a "scum bag ... dumb ... and pathetic"
before sentencing the former chief for his role in the drug ring that
implicated 15 people, including Cherry's common-law wife and his daughter.

Haik said he contemplated sentencing Deville to more than the 27 to 33
months called for in the federal guidelines. But he said the evidence
presented in his case suggested that he was "the least culpable" of
the defendants. Still, Haik made it clear to Deville that he wished
the sentence could be stiffer.

"This has nothing to do with him being on the low end of the totem
pole," Haik said. "He's a pathetic person."

Prosecutors alleged that Deville, while serving as chief of police,
ignored the large marijuana distribution operation Cherry ran only
blocks from where Deville lived.

After Deville lost his re-election bid in November 1998, he allegedly
made a trip to Houston to haul marijuana for Cherry. Deville has
admitted to making a trip to Houston for Cherry on Nov. 23, 1998, but
said it was to pick up supplies for Cherry's horse training business.

During his trial, Deville's co-defendants testified for the government
that Deville was a player in Cherry's operation, saying Deville was in
Cherry's home when marijuana was smoked and when it was broken down
for sale.

Deville still faces state charges in state district court of
malfeasance in office and indecent behavior with a juvenile.

Ballara, 50, referred to as Cherry's common-law wife by prosecutors,
received a four-year sentence after reaching an earlier plea agreement
with prosecutors. She was accused of facilitating the drug conspiracy
by relaying messages to drug customers and making phone calls on
behalf of Cherry.

In May, Cherry's daughter Sandra Cherry, 39, avoided jail time after
pleading guilty to possession with intent to distribute a pound of
marijuana. Haik sentenced Sandra Cherry to three years probation, and
ordered her to pay a $2,000 fine.

Lanier Cherry is scheduled to be sentenced July 26.
- ---
MAP posted-by: greg