FORMER CHURCH DEACON SENTENCED ON DRUG CHARGES

PORTSMOUTH - Thomas Henderson, a 58-year-old former church deacon and
Little League coach, was sentenced today to 10 years in prison for
drug and gun offenses.

Although prosecutors also wanted to take his Port Norfolk house as
part of the punishment, Henderson probably will lose it to mortgage
lenders, not the state.

In January, police found about 3 ounces of cocaine, nearly 3.15 ounces
of marijuana and three shotguns in Henderson's home in the 400 block
of Maryland Ave. after he allowed officers to search it without a
warrant, court records show.

Prosecutors moved to seize the house in April as part of a new push to
fight the city's narcotics problem by taking real estate purchased
with drug money or used to sell drugs.

The plan stalled when prosecutors discovered that Henderson had filed
for bankruptcy and that the mortgage lenders could take the property.
A judge also rejected a plea agreement that required Henderson to turn
over his house.

Henderson was convicted in August of possession with intent to
distribute cocaine and having a firearm while in possession drugs. In
their new plea agreement, prosecutors said they would not move forward
with a felony marijuana charge.

The agreement names a minimum term of five years in prison because the
weapons charge carries an automatic sentence. Under the old agreement,
Henderson would have faced no more than five years in prison.

On Wednesday, defense attorney John Levin said Henderson should
receive the minimum term because he was an upstanding citizen before
his arrest and his prior record included only a speeding ticket.

``Mr. Henderson has made a mistake,'' Levin said. ``He is not a
horrible person.''

Chief Deputy Commonwealth's Attorney William Swan said Henderson was a
drug dealer who should have known better.

``He's an intelligent, hard-working man who had an income,'' Swan
said. ``He knew exactly what he was getting himself into.''

Circuit Judge James A. Cales Jr. said he agreed and sentenced
Henderson to five years in prison for each charge, fined him $5,000
and suspended his driver's license for six months.

Tearful family members said after the hearing that the sentence was
unfair.

Henderson's daughter, Marilyn Scott, referred to drug cases in
Portsmouth that resulted in little or no prison time.

``My dad needed to be punished, yes,'' Scott said. ``But if you look
at the other cases that come through the court ... all the other guys
had previous records.''

Scott said the family would have preferred giving up the property to
the state if it meant Henderson would have a shorter prison term. The
mortgage companies have indicated that they will take the house,
family members said.

Commonwealth's Attorney Earle C. Mobley is behind the effort to take
houses linked to the drug trade.

Though Mobley would not comment Wednesday on the Henderson case, Swan
said the office likely would move forward with the forfeiture if the
mortgage companies don't take the house.

The idea is to show drug dealers that the state will take their
valuables, Swan said. It is also meant to clean up drug houses in the
community, he said.

``To him, personally, this penalty is stiffer,'' Swan said. ``We don't
know how the community or other drug dealers will react. Basically,
the same message was versed in two different ways.''