Pubdate: Wed, 23 Nov 2005
Source: Berkshire Eagle, The (Pittsfield, MA)
Contact:  http://www.berkshireeagle.com/
Address: PO Box 1171, Pittsfield, MA 01202
Fax: (413) 499-3419
Copyright: 2005 New England Newspapers, Inc
Author: Nicole  Sequino, Berkshire Eagle Staff
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/find?217 (Drug-Free Zones)
Referenced: http://www.mapinc.org/people/Sawin

SCHOOL DRUG CASE NETS PAIR

PITTSFIELD - Two men snared in a controversial Great Barrington 
school-zone drug sting last year appeared before Berkshire Superior 
Court Judge Daniel A. Ford yesterday. One was sentenced to five years 
in jail and the other pleaded guilty to a charge of heroin possession.

Jose Ramos Jr., 20, of Spruce Street, Great Barrington, received two 
separate sentences of 2 1/2 years in the Berkshire House of 
Correction after a jury found  him guilty yesterday of distribution 
of cocaine, committing a drug violation  within a drug-free school 
zone and conspiracy to violate drug laws. Michael P. Shea, 22, of 
Wellington Place, Boston, pleaded guilty to one count of possession 
of heroin yesterday.

The jury of eight women and four men deliberated for three hours 
before returning the verdict against Ramos.

Ford sentenced Ramos on the distribution and school zone charges. He 
also ordered Ramos to remain on probation for five years after his 
release on the conspiracy charge, and to pay a $150 drug assessment 
fee and a $90 victim/witness assessment fee.

Assistant District Attorney Richard M. Locke said Ramos and a 
co-defendant, Ryan P. Babcock, 20, of Park Street, Housatonic, had 
sold an undercover police officer a half-gram of cocaine for $40 on 
Jan. 22 in the parking lot of the former Taconic Lumber store on Main Street.

The sale took place less than 1,000 feet from the Great Barrington 
Co-Operative Nursery School and the Searles Middle School, according 
to Locke. Locke had sought two sentences of 3 1/2 years in state 
prison for Ramos. He pointed to Ramos' juvenile record, which 
included numerous drug, assault, probation violation, larceny and 
vandalism offenses. Ramos was also accused of raping a 16-year-old 
girl in June with whom he worked at a Lenox motel. "When you see his 
record, judge, you'll see where I'm coming from," Locke said. 
However, attorney Edmund St. John III of Adams argued that Ramos is 
"a very troubled young man" who has endured the death of both his 
parents. St. John also  noted that Ramos, who stands 5 feet 6 inches 
tall, would suffer in state prison. "He'd be nothing but bait and 
meat," said St. John.

A tearful Ramos, who wore khakis and a striped shirt, had also asked 
Ford for leniency and to consider sending him to the county jail 
instead of state prison.  Ramos' aunt and family grew emotional 
sitting in the front pew. "I haven't had a chance to prove myself," 
Ramos said. "I'm just asking for a chance." In sentencing Ramos to 
five years in the house of correction, Ford denied St. John's request 
for a stay until after the Thanksgiving holiday, and court officers 
took Ramos into custody.

Babcock pleaded guilty in July to three counts of distribution of 
cocaine, two counts of selling drugs in a drug-free school zone, one 
count of conspiracy to distribute drugs, one count of possession of 
marijuana. He was sentenced to  serve a total of 4 to 6 years in 
state prison on the distribution and school  zone charges.

Sting operation The Great Barrington investigation, conducted by town 
police and the Berkshire County Drug Task Force, involved small-scale 
street sales of cocaine, ecstasy and ketamine from January to 
September in 2004. The sting was instigated after police received 
complaints of violent incidents involving local youths, graffiti and 
alleged drug activity in the Taconic parking lot. A total of 19 
people were arrested in the sting operation in September 2004. That 
includes Shea, whose sentencing will be delayed until he undergoes a 
court-ordered evaluation.

Defense attorney Alexander Z. Nappan had requested the court clinic 
evaluation of his client because he said Shea suffers from a 
psychiatric  problem. "I don't know what it is, but I have never 
encountered this in a client  before," he told Ford.

Assistant District Attorney Robert W. Kinzer III told Ford that he 
would recommend a year in jail for the heroin charge. However, Kinzer 
said he may ask for less time on that charge depending on the results 
of the evaluation. Shea also faces one count of distribution of 
cocaine and committing a drug violation within a drug-free school 
zone, Kinzer noted. He told Ford he would ask for an additional two 
years in jail on the school zone charge; the sentence  from the 
heroin charge would run concurrent with that sentence.

Shea, who wore khakis and a black shirt, appeared nervous and shaking 
during the hearing. His family sat in the back of the courtroom. Shea 
told Ford that he has been hospitalized for depression and heroin 
addiction. According to Kinzer, Shea was found in possession of 
heroin and related paraphernalia in Great Barrington on Sept. 17, 2004.

Most of the remaining cases from the sting operation are pending. 
However, Alexandra Brenner, 18, of State Road, Great Barrington, 
pleaded guilty in July to one count of distribution of marijuana. Her 
case was continued in Central Berkshire District Court without a 
guilty finding until March.

Another defendant, Kyle Sawin, 18, of Otis, was found not guilty in 
September after being tried twice on charges of selling marijuana in 
a drug free school  zone. His first trial ended in a mistrial when 
the jury could not reach a verdict.
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MAP posted-by: Beth Wehrman