Pubdate: Thu, 16 May 2002
Source: Daily Gazette (NY)
Copyright: 2002 The Gazette Newspapers
Contact:  http://www.dailygazette.com/
Details: http://www.mapinc.org/media/105
Author: Mike Goodwin

FORMER JAIL GUARD MAY BE ELIGIBLE FOR DRUG COURT PROGRAM

Taber Faces Felony Drug Possession

SCHENECTADY - A former county jail guard charged with felony drug 
possession is a candidate for a treatment program that could spare him 
prison time, District Attorney Robert M. Carney said Wednesday.

Timothy Taber, 35, will be evaluated today for participation in Drug Court, 
a county-supervised treatment program that allows suspects to avoid 
incarceration for non-violent drug offenses if they stay drug free. Judge 
Michael C. Eidens oversees Drug Court.

"It's not a viable disposition unless they accept him," Carney said.

Taber, who could face a maximum sentence of 8 to 25 years in state prison 
if convicted of the top charge facing him - third-degree criminal 
possession of a controlled substance - must prove he is drug addicted 
before screeners will admit him to Drug Court. Currently he is free on bail.

Taber was fired by Sheriff Harry Buffardi on Dec. 8 after Glenville police 
arrested him and another man in the parking lot of the River House Tavern 
on Freemans Bridge Road. Taber, who was allegedly cutting up lines of 
cocaine when police pulled up to his car, was about to celebrate another 
guard's birthday at the tavern.

The man arrested with Taber that night, 36-year-old Andrew Hurd, is already 
in Drug Court, Carney said.

At the time, police believed the cocaine was destined for the party, though 
Taber never got inside. After their arrests, Hurd spoke to Buffardi and 
identified others in the Sheriff's Department who allegedly used cocaine. 
The sheriff subsequently fired five other correction officers for alleged 
drug use; most are trying to win their jobs back through arbitration.

Drug Court was established last August. There are currently 54 people 
enrolled, according to Ronald Butler, the program's drug treatment coordinator.

The court is open to first-time, non-violent felony offenders. Supporters 
said the goal of Drug Court is to get addicts into treatment programs 
rather than warehouse them in prisons.

The court is aimed at addicts rather than dealers. Someone charged with 
drug sales is not eligible unless it's found the trafficking was done to 
support a habit, Butler said. Those involved in drug trafficking strictly 
for profit are not eligible.

Butler said he expected Taber to be heavily scrutinized because of the 
amount of cocaine he was allegedly caught with. Police originally charged 
Taber with intent to distribute.

"Your average cocaine user is not in possession of half an ounce," Butler said.

Before entering Drug Court, suspects must plead guilty to a crime. Their 
sentence is suspended while they're in the program. Participants are 
subjected to urine tests and people who test positive can be sent to jail 
or prison, depending on the crime they've pleaded guilty to.
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