Source: MSNBC KCBD Lubbock, TX
Website: http://www.msnbc.com/local/KCBD 
Pubdate: 17 Dec 1998

DRUG DEALER CONFESSES, JUDGE LETS HIM WALK

Gary Tomlinson was caught with $130,000 dollars in cash, some marijuana,
and a pound of methamphetamine, the drug that draws the highest penalties
under law.

How did he pull this off? By pleading guilty and leaving his sentencing to
237th district court judge John McFall.

Take a close look at Tomlinson, he’s a free man now. And he owes his
freedom to judge John McFall. Asked to explain Tuesday’s decision, McFall
didn’t feel the need to respond. of course, he’s retiring on Thursday and
no one can really question a judge anyway.

According to District Attorney Bill Sowder, "our work gets discouraging
when something like this happens -- very discouraging."

First, a look at how this type of thing can happen.

Tomlinson pled guilty. He then had the choice of being sentenced by a judge
or by a jury. And Sowder adds that in cases with severe drug dealers,
jurors usually give a tough punishment. But Tomlinson chose the judge.

In a case of this magnitude, a judge cannot give regular probation.

The punishment range was 15 to 99 years, and toss in an enhancement for two
prior convictions. But here’s the catch: the judge could also give him
deferred adjudication, which basically means deciding he really wasn’t
guilty and setting him free with a clean record.

This isn’ t the first time the DA’s office has had run-ins with McFall.
Just last year, McFall caused a mistrial in a murder case after being
reprimanded by the state judicial oversight committee for forcing a man to
go to trial without counsel.

Sowder says there has been disagreements and differences in philosophy over
the criminal justice system.

Differences in philosophy that mean Tomlinson walks free, and Judge McFall,
without offering any rationale, walks off into retirement. 
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Checked-by: Richard Lake