Convicted drug dealer receives suspended sentence

Written by: Jason Clarke
The Express Star
Chickasha , Oklahoma
Source: http://www.chickashanews.com/viewarticle.php?id=3648

A 74-year-old Chickasha man has avoided jail time. "In 74 years of his life this man has never committed a crime," said defense attorney Ryland Rivas. George Earl Lewis was arrested during an FBI-led raid on the sale of crack cocaine in Chickasha on Jan. 28. He was subsequently charged with two counts of distribution based on controlled buys set up by the FBI.

Lewis said he used the money from selling cocaine to purchase his wife's cancer medication and pay her medical bills. Lewis pled guilty in September and appeared before the court Thursday, Oct. 27, for sentencing. Arguments for the prosecution centered around the Pre-Sentence Investigation Report compiled by probation officer Shanda Carter, which recommended only a deferred sentence for Lewis.

If his sentence would be deferred, Lewis' record would have been wiped clean in five years if he avoids further charges. First Assistant District Attorney Bret Burns disagreed with the recommendation and called Carter to the stand to defend her report.

Carter said it was her first recommendation since becoming a pardon and parole officer. She added she weighed the defendant's history and age along with his reasons for selling the drugs when determining her recommendation.

Probation and Parole Officer Susan Nicholson followed Carter on the stand. Nicholson signed off on Carter's recommendation before its submission to the court. Nicholson said she would take full responsibility for the recommendation because she was unaware it was Carter's first report. Now knowing more of the circumstances, Nicholson said she would not recommend a deferred sentence.

Under cross examination, Nicholson admitted that she had not read anymore reports about the case but had heard more information from the District Attorney's Office. FBI Agent Robert Clayton Simmons testified Lewis was one of the main distributors in Chickasha , along with three to four others. He said the evidence was presented for three counts of distribution but only two counts were filed.

In his closing, Burns said he did not feel that a deferred sentence was appropriate, and asked the judge to sentence Lewis to 20 years on each count with the terms to run concurrent. Rivas said his client no longer had a reason to sell drugs. His wife is now under the care of Hospice and the costs of medication and medical bills have been covered.

He quoted former District Judge, now Oklahoma Supreme Court Justice James Winchester, "You can judge future performance by past performance." Rivas said his client had gone 74 years without committing a crime and, with his wife taken care of, placing him in jail would not help the community.

District Judge Richard Van Dyck said he is restricted to the evidence presented in open court and he has seen no evidence to support Lewis was a major drug dealer.
"I don't see how incarceration would benefit Mr. Lewis, the community or the State," Van Dyck said, although he said he also disagreed with a deferred sentence given in the recommendation.

Van Dyck sentenced Lewis to a 10-year suspended sentence. While Lewis will not see jail time, the sentence could be revoked and he would be sent to prison if he is caught committing another crime.