EX-DEACON, LITTLE LEAGUE COACH SENTENCED ON DRUG, GUN COUNTS

PORTSMOUTH -- Thomas Henderson, a 58-year-old former church deacon and
Little League coach, was sentenced Wednesday 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 of 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."