Pubdate: Sun, 26 Jun 2005 Source: Herald-Dispatch, The (Huntington, WV) Copyright: 2005 The Herald-Dispatch Contact: http://www.hdonline.com/ Details: http://www.mapinc.org/media/1454 Author: Curtis Johnson Bookmark: http://www.mapinc.org/coke.htm (Cocaine) REPEAT DRUG OFFENDERS FRUSTRATING RESIDENTS HUNTINGTON - Lisa Smith is fed up and said the area's alleged drug offenders are getting out of jail too easily. Smith, 27, of Marshall Avenue said that in addition to letting them commit crimes again, it also places the community at an increased risk and sends the wrong message to her three children. "They went into a house and arrested some people, and not even an hour later they were out," she said of an arrest last month along Artisan Avenue. "It's ridiculous. It's ignorant. "Come on, we've got little kids. You've got little boys that are looking up to some of these dealers saying, OAh man, look at what they've got. I want this. I want that.' "Make them suffer. Make them do five (years), make them do 10, I don't care. Get them away from where my kids have got to play." Local and federal officials said they are doing the best they can with their financial and legal resources. A list of possible improvements includes more specific bonding guidelines, tougher sentences and better communication about each defendant's prior record. The May shooting of four area teenagers has heightened community concern about drug trafficking and how the criminal justice system deals with those cases. Law agencies have stressed that in recent years crack cocaine dealers from major cities such as Detroit and Columbus set up shop in Huntington and brought a new level of violence with them. But frustrations mount when resident see suspects quickly in and out of jail. For example, when Cheryelthia Glenchelle Holmes was arrested in Huntington in February on state drug and firearm charges, she was out of jail the next day, despite the fact that police had seized 7.2 grams of crack cocaine, other drugs and an 7.62 caliber Tokaron semiautomatic pistol with ammunition. She was later arrested in Detroit and now faces federal charges. On June 7, police arrested 19-year-old Roger Gravely Jr. in the 2000 block of 11th Avenue. Officers confiscated 775 grams of crack cocaine, six firearms, scales, pills and $5,085 in cash. Gravely has been arrested four times in the last 13 months on felony state drug charges, but has served little time in jail prior to his most recent June 7 arrest. Both defendants maintain their innocence. Cabell County Prosecutor Chris Chiles said the justice system must respect each defendant's civil rights and remember everyone is innocent until proven guilty. In West Virginia, most defendants are entitled to a reasonable bond before trial and, once convicted, parole. Chiles said bonds are also an important in keeping down the county's regional jail costs. he said if officials would lock up every inmate, not allowing any to post bond "we'll really be bankrupting this county." Bonding guidelines All defendants - expect those charged with capitol offenses of murder or kidnapping - are entitled to a reasonable bond. In February, a Cabell County magistrate released Holmes on 10 percent of a $40,000 bond in February. The amount was paid by Craig Young of Detroit, according to court documents. "If you're going to give somebody a $20,000 bond, they shouldn't be able to come up with just $2,000," Smith said. "That's ridiculous. That's ignorant. Anybody can come up with $2,000, especially if you're selling drugs." Joe Ciccarelli, a senior supervisory agent with the FBI, said federal prosecutors have fewer problems holding individuals because, in most cases, a judge will grant the U.S. Attorney's desire to remand without bail. For that reason, state officials will try to move cases to federal status when possible. Bond breakers When an arrestee doesn't obey the terms of his bond, prosecutors can ask the judge to revoke that privilege. However, Chiles said his office examines each case based on the seriousness of the offense, the person's prior criminal history, how dangerous they may be and a variety of different factors. "When people keep violating the law and things like that, then at some point they demonstrate their inability to conform to the law, and that's when we move to revoke it," Chiles said. Cabell County Sheriff Chief Deputy Jim Scheidler said most police officers accept the increased risk involved with arresting repeat offenders as being part of the job. "There are some that get out quite easily that should be probably be in jail," he said. "That is the most frustrating part of law enforcement. "To where we, the police officers, are continually searching or doing investigations on people who are out awaiting sentencing, out on bond or have been a repeat offender. Or some just recently released from prison who commit crimes again." Ciccarelli said local officers frustrated with the state's "catch-and-release" program. "If you're dealing with the same people over and over again, every time you deal with somebody you're at risk," he said. "Again it boils down to resources all across the board. ... That's the dilemma." A defendant's bond can be revoked for a variety of reasons, including the subject failing to appear in court, breaking subsequent laws or leaving the state. Such action recently was taken against Gravely. Prosecutors moved to revoke his bond just hours before police arrested him June 7. Chiles' office dismissed the state charges, and federal cocaine charges were filed Wednesday. Chiles said his office didn't revoke Gravely's bond earlier because some of his continued problems were misdemeanors and because his assistants may not have been aware of the additional felony arrests. Tougher sentences The typical drug conviction carries a prison sentence of one to 10 years, with each convicted felon being eligible for parole after one year. Defendants also are given credit for time already served. That means some drug offenders are eligible for parole the moment they are convicted. Chiles said he supports the state enabling judges to set specific sentences. Those would allow a judge to sentence a more serious offender to seven years in prison, while a less serious offender could be sentenced to two years. Ciccarelli said federal judges have more authority to hand down tougher sentences. For instance, the federal system has no opportunity for parole and, in many cases, there are tougher minimum sentences. Federal sentencing guidelines also mandate that some punishments run consecutively to others, eliminating the defendant to ability to serve time for two violations at the same time. A review of Cabell County Circuit Court records showed about 22 people have received sentences for drug-related offenses in the past 12 months. Of those 22 cases, seven were listed to have suspended sentences and at least five were listed as misdemeanor violations. Chiles did not dispute those findings, but said he believes the actual numbers are higher because the review didn't include cases settled in magistrate court, and others in which the defendant might have pleaded to more serious charges or pleaded to an attempt to commit a felony. "I think that, overall, we have been aggressive to the extent possible with what law enforcement has been able to do," he said. So far in 2005, Chiles said two Cabell County grand juries have handed down 43 drug-related indictments. Chiles said his office also has won numerous drug-related convictions through "informations." That's when his office and the defense are able to come to an agreement prior to the indictment phase. - --- MAP posted-by: Jay Bergstrom