Pubdate: Sun, 18 Nov 2001 Source: Augusta Chronicle, The (GA) Copyright: 2001 The Augusta Chronicle Contact: http://www.augustachronicle.com/ Details: http://www.mapinc.org/media/31 Note: Does not publishing letters from outside of the immediate Georgia and South Carolina circulation area Author: Terry Dickson Bookmark: http://www.mapinc.org/pot.htm (Cannabis) PUNISHMENTS VARY FOR SHERIFF'S POT RING VALDOSTA, Ga. - Daniel Sage Evans has been sentenced to five years in federal prison for participating in a marijuana-growing operation that included his deceased brother, Coffee County Sheriff Carlton Evans, and three deputies. U.S. District Judge Wilbur D. Owens Jr. sentenced Daniel Evans and nine others who had pleaded guilty to conspiring to grow more than 100 marijuana plants, possession of marijuana with intent to distribute it, or both. There originally had been 16 defendants, but Sheriff Evans fatally shot himself Oct. 3, 2000, as state and federal agents attempted to arrest him at his home. Five other defendants were sentenced earlier. On Friday, Judge Owens also sentenced Benjamin Hodge, Sheriff Evans' former chief deputy, to four years in prison and a $2,500 fine; former Capt. Dewey Wayne Harper to three years, six months in prison and a $2,500 fine; and Jerry "Poole" Powell, Sheriff Evans' brother-in-law, to two years and six months in prison and a $2,500 fine. Mr. Evans also was ordered to pay a $5,000 fine. Each of the 10 defendants sentenced Friday made short statements of regret and asked Judge Owens for mercy. Mr. Evans' lawyer asked Judge Owens for a lighter sentence than required by federal sentencing guidelines, saying his client's participation was exaggerated. L. David Wolfe argued that Mr. Evans was not in a leadership position, as the government had asserted. While Mr. Evans admitted that he had propagated marijuana seedlings from mature plants that he had grown, only Mr. Hodge had said that he was a leader, the lawyer said. "The sheriff's department was stealing dope and selling it before Sage ever got involved," Mr. Wolfe said. The government also had wanted a tougher sentence imposed because Mr. Evans attacked a television crew the day of his brother's death and damaged their camera. But Judge Owens said the resulting charges of battery and criminal damage to property were not attached to the marijuana operation. But he refused to agree that Mr. Evans, 41, was not prominent in the conspiracy. "I cannot find that your client was other than a leader or in a leadership role," Judge Owens said. - --- MAP posted-by: Beth