METH BILL GETS LOCAL

A local firefighter's story led to the introduction of a bill to provide
tougher punishment for those whose illegal drug production seriously
injures those who respond to the scene of the crime.

State Sen. Virginia Foxx, R-Watauga, introduced state legislation Thursday
designed to help protect firefighters and law enforcement officers who
might be exposed to the toxic chemicals used in meth labs.

Foxx was inspired to take action after receiving a constituent letter from
Mary South, the mother of former Deep Gap volunteer firefighter Darien
South. Darien South was seriously injured while fighting a blaze at a
residence that also served as a meth lab and has been unable to work since
January 2003.

Mary South mounted a petition campaign asking for tougher sentences for
methamphetamine production, and Darien addressed the General Assembly's
judiciary committee last week to describe how the toxic exposure had
affected his life.

Watauga County Sheriff Mark Shook also told lawmakers about the dangers and
rapid spread of meth production, saying he had seen a number of children in
homes where the drug was manufactured.

Christopher Lee Greene was charged with assault in that case for causing
Darien's injuries, though he was found not guilty. However, he was found
guilty and sentenced to up to two years in prison on two drug charges.

South suffered major respiratory failure on the way to the hospital and
spent nearly a week in the hospital, with the majority of his time in the
intensive care unit. The future of his health is uncertain, he said in a
recent interview with the Watauga Democrat.

Darien South said he is glad the bill is being introduced and felt telling
his story to the committee made a difference.

"What has happened to Darien and countless other law enforcement officials
is reprehensible," said Foxx in a statement. "Here we have a man whose life
dream was to serve his community as a firefighter. Now he won't be able to
continue to fulfill his duties. Nor will he be able to lead the happy and
healthy life he deserves.

"Under the preexisting laws, the criminal who is responsible for Darien's
injuries will serve only two years in jail. Yet this will burden Darien for
the rest of his life. Where is the justice in that?"

Foxx has co-sponsored a bill to increase criminal penalties for those who
distribute, manufacture and possess methamphetamine. If adopted, meth
production would be a Class C felony and meth manufacturers could face up
to 20 years in prison. The bill was approved by the judiciary committee and
is on the General Assembly's calendar for Tuesday.

Foxx said she plans to introduce her bill as an amendment. Foxx said she
and the Souths were disappointed that the original bill didn't address
additional penalties for those whose crimes cause injuries to firefighters
and police officers.

"It will make the meth bill a more rounded bill, and addresses concerns
that law enforcement and firefighters had," she said. The bill is widely
supported and Foxx predicts a swift passage.

"I look forward to continuing to work with law enforcement to see that
justice is served," she said in the statement.

"Northwestern North Carolina will no longer be a 'safe haven' for meth
offenders."

Foxx said though she isn't a member of the committee, she sat in on the
judiciary committee meeting where Darien South and Sheriff Mark Shook
spoke. When someone asked why Watauga has such a high number of meth labs,
Foxx responded that she didn't think there was a higher rate of incidence,
but that Watauga's law officers were doing a better job of finding them.

The bill reads "If a defendant commits an offense under G.S. 90-95(a), and
the controlled substance is methamphetamine, and a law enforcement officer
or firefighter suffers serious bodily injury as a result of the offense
while discharging or attempting to discharge his or her official duties,
then the defendant is guilty of a felony that is one class higher than the
felony committed. This subdivision does not apply if the defendant's
conduct is covered under some other provision of law providing greater
punishment."

Since the presiding judge would have sentencing discretion in weighing
aggravating factors, the additional penalty would not ascribe a specific
additional prison sentence to anyone found guilty of the charge.