Pubdate: Thu, 12 Aug 2004
Source: Mountain Times, The (NC)
Copyright: 2004 The Mountain Times.
Contact: P.O. Box 1815, Boone, NC 28607
Website: http://www.mountaintimes.com
Details: http://www.mapinc.org/media/1699
Author: Scott Nicholson
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EASLEY GETS TOUGH ON METH PRODUCERS

N.C. Gov. Mike Easley signed a bill that may make local meth cooks
think twice.

Fueled by largely by Watauga County officials and voters, the law
toughens sentences for illegal methamphetamine production.

Mary South, the mother of former Deep Gap firefighter Darien South,
mounted a petition drive last year asking for tougher sentences and
for additional penalties for those whose illegal labs led to injuries
to emergency responders and police.

South delivered more than 2,700 signatures to the General Assembly and
also stayed in contact with the Attorney General's office as the
legislation wound its way through various committees. She and Darien
even spoke to a senate judiciary committee about their experiences and
addressed a regional methamphetamine summit in Rowan County. Mary also
spoke to leaders of the House and Senate about the bill, which passed
unanimously.

"I am thrilled it's finally been passed," Mary said. She'd received a
email this week from the General Assembly notifying her of the bill's
passage.

Darien was a volunteer member of the Deep Gap fire Department when he
responded to a fire in Holy Hills Jan. 26, 2003. He opened an access
panel to see if flames were smoldering beneath the floor, he said,
when a blast of chemical gas rushed over his face. He was transported
to the hospital, suffering respiratory failure. He has since been
unable to work, suffering diminished lung capacity and enduring
several surgeries.

"He's not going to get any better," Mary said. "He's stabilized,
hopefully. I don't think he's ever going to recover what he lost, but
hopefully the damage has stopped getting worse."

The owner of the meth lab that led to Darien's injuries received 20 to
24 months in prison after being convicted of manufacturing meth and
possessing illegal precursor chemicals. A charge of assault with a
deadly weapon inflicting serious injury was returned with a "not
guilty" verdict by a jury.

Prosecutors have complained that the existing meth laws gave them few
tools to keep meth makers in prison, and the defendants often turned
immediately back to making the drug once they hit the street.

Mary said she learned that other counties across the state weren't
aware of the dangers of meth labs, nor of their growing proliferation.
She wrote to all 100 county commissions, asking them to sign
resolutions supporting tougher laws.

"I'm hoping that will come about all across North Carolina," Mary
said. "I think public awareness needs to be there."

She believes the new law, as well as the recent establishment of a
regional methamphetamine task force based in Boone, will send a
message to illegal drug makers.

"This will let them (meth manufacturers) know we're not going to
tolerate it," she said.

The new law takes effect on Dec. 1 and covers several different areas.
Unlawful meth distribution that results in a death triggers a charge
of second-degree murder. If a child is present at the site of an
illegal meth lab, then prosecutors can present that as an aggravating
factor at a trial.

Illegal manufacture of methamphetamine will become a Class C felony,
up from a Class H felony. Depending on various mitigating or
aggravating factors, a conviction could lead to a prison sentence of
up to 17-and-a-half years.

Possession of precursor chemicals used in illegal meth production will
be Class F felony, up from the current Class H, carrying a sentence of
nearly four years in prison. Such chemicals include acetone,
chloropseudoephedrine, hydrochloric acid, toluene and other substances
found in a number of household products, including cold medicine.

Many stores have computer tracking software or set suspect products
behind the counter so their purchase can be monitored. Law officials
report that meth makers often use teenagers as "mules" to buy the
products in an effort to avoid suspicion.

Any store joining a Methamphetamine Watch Program through the N.C.
Department of Justice will be immune from prosecution or liability if
they act in good faith and cooperate with investigators if they
unknowingly sell products used in a meth lab.

Beginning in 2005, the state department of Health and Human Services
will be required to establish standards for decontamination of former
meth labs, which are often residential houses. The property's owner
will be compelled to comply with those standards.

If a meth lab causes serious injury to a law enforcement officer,
probation officer, parole officer, emergency medical services employee
or a firefighter, then 24 months will be added to any subsequent sentence.

Last year, 18 injuries were reported among people responding to meth
lab fires or conducting investigations. Darien was the most seriously
injured among them. Mary said in a May interview, "We owe it to our
law enforcement officers, our emergency personnel and our fire
fighters to do all we can to see this doesn't happen again."

Last year, there were 177 meth lab busts in North Carolina, up from
nine in 1999. Thirty-four of those were in Watauga County.
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