MARIJUANA CASE ENDS WITH STAUNTON MAN SENTENCED TO 2 YEARS

STAUNTON -- A Staunton man facing a mandatory 10 years behind bars for
giving a 17-year-old boy one puff of marijuana saw his prison term sliced
to two years Wednesday by Augusta County Circuit Judge Thomas H. Wood.

In March, a jury found Lynn Dell Phillips, 42, guilty of distributing
marijuana to a juvenile more than three years his junior, but refused to
sentence him to the minimum-mandatory 10 years in prison.

Wednesday, Augusta County Assistant Commonwealth's Attorney Rupen Shah
asked Wood to suspend eight years of the minimum-mandatory 10-year prison
term. Public Defender Peter Boatner agreed with Shah's recommendation, but
balked at a suggested eight years of probation for his client.

Wood gave Phillips the minimum two years -- Virginia law precludes the
judge from going any lower on the sentence -- and placed him on four years
probation.

According to testimony, Phillips attended his oldest son's Stuarts Draft
High School graduation ceremony at Expoland, June 6, 2001. When he stepped
outside to cool off, Phillips testified during his trial that he came upon
a group that included adults and juveniles, some who were friends of his son.

A Virginia state trooper on patrol that evening told the jury he saw
Phillips hand a brass pipe to a 17-year-old boy. When the trooper
approached the group, he said Phillips grabbed the pipe and tossed it
underneath a vehicle. Tests conducted by the state forensics lab in Roanoke
later confirmed the pipe contained marijuana.

Phillips, jailed since July 1, maintains he asked the group for a cigarette
and claims he didn't know marijuana was being smoked. After lighting a
cigarette received from the teen, Phillips said he realized it was a
menthol and gave it back to the juvenile.

No witnesses were called to corroborate Phillips' version of the events.