Pubdate: Thu, 24 Oct 2002
Source: Virginian-Pilot (VA)
Copyright: 2002, The Virginian-Pilot
Contact:  http://www.pilotonline.com
Details: http://www.mapinc.org/media/483
Author: Amy Jeter
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

EX-DEACON, LITTLE LEAGUE COACH SENTENCED ON DRUG, GUN COUNTS

PORTSMOUTH -- Thomas Henderson, a 58-year-old former church deacon and 
Little League coach, was sentenced Wednesday to 10 years in prison for drug 
and gun offenses. Although prosecutors also wanted to take his Port Norfolk 
house as part of the punishment, Henderson probably will lose it to 
mortgage lenders, not the state.

In January, police found about 3 ounces of cocaine, nearly 3.15 ounces of 
marijuana and three shotguns in Henderson's home in the 400 block of 
Maryland Ave. after he allowed officers to search it without a warrant, 
court records show.

Prosecutors moved to seize the house in April as part of a new push to 
fight the city's narcotics problem by taking real estate purchased with 
drug money or used to sell drugs.

The plan stalled when prosecutors discovered that Henderson had filed for 
bankruptcy and that the mortgage lenders could take the property. A judge 
also rejected a plea agreement that required Henderson to turn over his house.

Henderson was convicted in August of possession with intent to distribute 
cocaine and having a firearm while in possession of drugs. In their new 
plea agreement, prosecutors said they would not move forward with a felony 
marijuana charge.

The agreement names a minimum term of five years in prison because the 
weapons charge carries an automatic sentence. Under the old agreement, 
Henderson would have faced no more than five years in prison.

On Wednesday, defense attorney John Levin said Henderson should receive the 
minimum term because he was an upstanding citizen before his arrest and his 
prior record included only a speeding ticket.

"Mr. Henderson has made a mistake," Levin said. "He is not a horrible person."

Chief Deputy Commonwealth's Attorney William Swan said Henderson was a drug 
dealer who should have known better.

"He's an intelligent, hard-working man who had an income," Swan said. "He 
knew exactly what he was getting himself into."

Circuit Judge James A. Cales Jr. said he agreed and sentenced Henderson to 
five years in prison for each charge, fined him $5,000 and suspended his 
driver's license for six months.

Tearful family members said after the hearing that the sentence was unfair.

Henderson's daughter, Marilyn Scott, referred to drug cases in Portsmouth 
that resulted in little or no prison time.

"My dad needed to be punished, yes," Scott said. "But if you look at the 
other cases that come through the court . . . all the other guys had 
previous records."

Scott said the family would have preferred giving up the property to the 
state if it meant Henderson would have a shorter prison term. The mortgage 
companies have indicated that they will take the house, family members said.

Commonwealth's Attorney Earle C. Mobley is behind the effort to take houses 
linked to the drug trade.

Though Mobley would not comment Wednesday on the Henderson case, Swan said 
the office likely would move forward with the forfeiture if the mortgage 
companies don't take the house.

The idea is to show drug dealers that the state will take their valuables, 
Swan said. It is also meant to clean up drug houses in the community, he said.

"To him, personally, this penalty is stiffer," Swan said. "We don't know 
how the community or other drug dealers will react. Basically, the same 
message was versed in two different ways."
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MAP posted-by: Beth