Pubdate: December 3, 1998 Source: Washington Post (DC) Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm Website: http://www.washingtonpost.com/ Copyright: 1998 The Washington Post Company Page: D1 Author: Tom Jackman, Washington Post Staff Writer GERONIMO GUILTY OF DRUG CHARGE Radio Host to Be Sentenced Today for Marijuana Possession Syndicated raunch-radio host Don Geronimo, half of the "Don and Mike" afternoon show, was found guilty yesterday of marijuana possession and pleaded guilty to reckless driving after a 90-minute trial in Fairfax County General District Court. The marijuana was found only after Geronimo tried to bolt from the scene and an officer drew a gun on him, the officer testified yesterday. Fairfax District Judge Lorraine Nordlund said she found the facts of the case sufficient to prove Geronimo's guilt, but postponed sentencing until this afternoon. Fairfax County prosecutors asked that Geronimo be sentenced to jail because he already has a 1996 conviction for possession of cocaine. Geronimo, 40, whose real name is Michael L. Sorce, declined to comment after the trial, and he did not testify. Nor did he take to the airwaves yesterday. A taped version of the "Don and Mike" show aired on WJFK (106.7 FM), the Fairfax station that syndicates the show to 58 stations in 30 states. Locally, it is one of the top two shows in afternoon drive time. Ken Stevens, the WJFK general manager, said last night he could not comment until he had spoken to Geronimo. Police said that Geronimo was stopped the night of Aug. 5 after Officer Donald McAuliffe saw him driving his 1997 Toyota Supra at 75 mph in a 35-mph zone in Great Falls. McAuliffe testified that after he pulled the car over, Geronimo "jumped out of his vehicle and approached me." The officer told Geronimo to get back in his car, which Geronimo did. McAuliffe approached the car, and said he smelled marijuana. He said Geronimo told him he'd been smoking a cigar. McAuliffe said he called for a backup officer. While he waited, McAuliffe said, "Mr. Sorce [Geronimo] picked up his ashtray, shoved it out the car door window and dumped it out." He said Geronimo also was "making furtive movements inside the vehicle." As the officer got out of his car, he said Geronimo got out of his car again. McAuliffe said he asked Geronimo if he had any drugs or weapons, and that Geronimo identified himself as a radio personality. Then, Geronimo began looking around, McAuliffe said. "I told him, 'Don't think about running,' " McAuliffe testified. "I asked him to put his hands on the trunk. He ran towards the front of his car, a gesture I thought meant he was fleeing. I ordered him to stop, and drew my service weapon." He said Geronimo stopped by the front of his car, and returned to the trunk area. As McAuliffe handcuffed him, he said Geronimo told him, "The marijuana is in my eyeglass case between the seats." A drug-sniffing dog soon arrived, and police found an aspirin bottle inside the eyeglass case. Lab reports showed it contained 4.6 grams of marijuana. Blood tests found very little marijuana in Geronimo's system. Geronimo then spent the night in the Fairfax County jail. Stephen A. Best, Geronimo's lawyer, argued that the results of the search should not be used as evidence. McAuliffe's arrest was illegal, Best said, arguing that the officer had no reasonable suspicion to arrest Geronimo. Assistant Commonwealth's Attorney Mark C. Simmons said the combination of Geronimo's actions and the drug suspicions were enough to cause the officer to fear for his safety, and Nordlund agreed. She said Geronimo was trying to run, and "the only thing that brought him back is the fact the officer drew a gun on him." Geronimo pleaded guilty to reckless driving, and Nordlund found him guilty of possession of marijuana. Simmons noted that Geronimo already had been convicted of cocaine possession and was allowed to complete a program that erased the conviction from his record. He recommended a short jail term, "in light of the fact he's been involved with drugs before." - --- Checked-by: derek rea