Pubdate: Thu, 12 May 2005
Source: Naples Daily News (FL)
Copyright: 2005 Naples Daily News.
Contact:  http://www.naplesnews.com/
Details: http://www.mapinc.org/media/284
Author: Chris W. Colby
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

EX-INMATE'S USE OF COCAINE COSTS HIM 25 YEARS IN PRISON

David Barrs told the judge Wednesday he'd used cocaine only once since
he got out of prison. But once was enough.

With a 25-year suspended sentence hanging over him, Barrs, 39, of
North Naples, admitted he violated his probation by using cocaine and
received the entire prison term.

Barrs, 2310 Arbour Walk Circle, No. 1218, pleaded to the violation
without the benefit of a plea agreement with state prosecutor Tino
Cimato. That meant he was at the mercy of Collier Circuit Judge
Lawrence D. Martin.

Cimato told the judge that Barrs was a habitual felony offender, with
prior convictions including cocaine sale and possession, carrying a
concealed weapon and grand theft auto. In May 2000, Barrs pleaded no
contest to burglary and received a 30-year prison sentence, with 25 of
that suspended if he completed 25 years of probation.

Soon after Barrs left prison in April 2004, he tested positive for
cocaine use. He was arrested in October 2004 and has awaited
Wednesday's hearing since. While behind bars, he also picked up three
new charges of battery by a person detained in jail after he was
accused of repeatedly pulling down the pants of another inmate.

In trying to persuade the judge to reinstate only Barrs' probation and
to not send him to prison, defense attorney Gary Hausler said it's
clear Barrs has a drug problem.

"Is it fair, is it just, to impose a 25-year prison sentence for that?
It's something he doesn't have control over. It's a disease," Hausler
said. "I believe he has been punished by the time served since he was
brought back to the county jail."

Barrs told the judge he fell into a bad relationship with a woman
after he left prison, and that led to the cocaine use.

"I did cocaine one time, and it just happened to be the next day (the
probation officer) called me in for a urine test," Barrs said.
"Twenty-five years is a long time. I think 25 years would be unjust
for a dirty urine test."

Cimato, the prosecutor, wouldn't budge. The minimum sentence for the
violations, even without the 25-year suspended sentence, was almost
six years in prison.

Cimato asked the judge to impose the 25 years Barrs agreed to serve if
he couldn't keep out of trouble after he left prison. Barrs had been
offered 25 years in prison, with nothing suspended, and he rejected
that.

"Now that he has the 25-year hammer over his head, he says, oh, I want
treatment," Cimato said.

Martin sentenced Barrs to the 25 years, with credit for the time he
has already served. It was unclear if that included only the time he's
spent in the jail since his October arrest or is in addition to the
five years he spent in prison for the burglary charge.

In that case, he was charged with burglary, possession of a controlled
substance and possession of narcotic paraphernalia after taking about
$1,500 from a Golden Gate residence, according to the arrest report.
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MAP posted-by: Larry Seguin