METH HAMMER COULD HIT WATERLOO MAN FIRST

He Could Be Charged With Giving The Drug To Minors, Which Carries A
99-Year Sentence.

If Black Hawk County prosecutors have their way, a 20-year-old
Waterloo man will become the first Iowan charged under a law that
carries the toughest penalty in the country for dealing
methamphetamine to minors.

Jeffrey Wayne Kimble Jr., arrested after a routine traffic stop in
August, was charged initially with interference and possession with
intent to deliver drugs.

Prosecutors last week said they now have enough evidence to charge
Kimble with giving the highly addictive drug to minors, a crime Iowa
lawmakers last year decided should carry a 99-year prison term.

While some prosecutors say they are grateful for a new hammer to use
against the state's raging drug problem, sentencing reform advocates
insist that the stiff penalty runs counter to current thinking about
how best to deal with drug offenders.

"Even the traditional tough-on-crimes folks are now saying, 'Wait,
we"ve gone too far,' " said Jenni Gainsborough, head of the
Washington, D.C.-based Sentencing Pro-ject. "It's a great shame that
your Legislature has moved in the opposite direction."

Authorities released few details last week about Kimble or allegations
about a link with minors. A Waterloo resident, he had one previous
conviction in Black Hawk County for possession of marijuana, court
records show.

"It would be inappropriate for me to comment on his case before a
trial," County Attorney Tom Ferguson said.

A judge is expected to rule soon on whether Kimble's charges can be
amended, Ferguson said. Kimble's trial is scheduled for Jan. 18.

Iowa's 99-year law was the brainchild of Gov. Tom Vilsack, who
included the toughest-in-the-nation penalty in anti-meth proposals
approved by the Legislature. The law took effect in July, but
officials from the Iowa attorney general's office say they know of no
charges filed under the statute so far.

While both New York and Michigan have enacted life-without-parole
penalties for people convicted of dealing large quantities of cocaine,
Iowa's law applies exclusively to methamphetamine and does not specify
quantity, said Doug Marek, deputy Iowa attorney general. Rather,
prosecutors must prove that a drug dealer or manufacturer intended to
deliver the drug to someone younger than 18.

The law allows for early parole. Ferguson said defendants who plead
guilty are eligible to have a third of their sentences forgiven, a
standard reward for cooperating with authorities that Gainsborough
called very worrisome.

"People should be entitled to a trial without any sort of pressure
like that," she said.

Drug treatment and other rehabilitative efforts have proven more
cost-effective and successful with drug offenders than stiff prison
terms, she said, adding that a potential lifetime behind bars is
excessive for young adults who are capable of changing.

Attempts to reach Kimble in jail late last week were unsuccessful. His
attorney, Jim Carter of Coralville, said he had just received the
court-appointed case and had not yet had a chance to review it.

Marek predicted that prosecutors would use the 99-year offense
sparingly, in part because the law applies only when minors are
involved and because prosecutors must prove that a defendant intended
to give the drug to youths.