3 AVOID JAIL IN BOX OF POT CASE

In an agreement with the Roanoke Commonwealth's Attorney's office,
they pleaded guilty to misdemeanor charges.

Three people charged with trying to have nearly 25 pounds of marijuana
shipped to them in Roanoke pleaded guilty Thursday to less serious
charges that kept them out of jail, lawyers in the case said.

They were arrested in December, after a state police drug dog sniffed
out pot in a package at United Parcel Service's Roanoke terminal. The
parcel had a Houston return address, police have said.

The package was delivered to a house in the 100 block of Forest Park
Boulevard Northwest. Later, police arrested three people leaving the
house - Tynisa Parker, 24, of the 3500 block of Barberry Street
Northwest; Courtney Cole, 30, of the same address; and Derrick George
Higgins, 30, of the 1600 block of Lancing Drive, Salem.

Each was charged with possession of more than 5 pounds of marijuana
with intent to distribute, a felony.

But in an agreement with the Roanoke Commonwealth's Attorney's office,
they pleaded guilty to misdemeanor charges.

"It was hard to prove they knowingly possessed marijuana" at the time
they were arrested, Assistant Commonwealth's Attorney Tom Bowers said.

Following terms of the agreement, General District Judge Jacqueline
Talevi convicted Parker of possession with intent to distribute less
than one-half ounce of marijuana. Talevi gave Parker 12 months
suspended and six months with a restricted driver's license.

The judge convicted Cole and Higgins of possessing less than one-half
ounce of pot. They received 30-day suspended sentences, fines of $500
each and six months with restricted licenses, according to court records.

"The commonwealth had a questionable case," said Parker's attorney,
Harvey Lutins. "They would have to prove it, and I thought it was a
thin case. But you go upstairs," on a Circuit Court indictment, "and
you're looking at a lot of time.

"This was the best deal under the circumstances."