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News (Media Awareness Project) - US GA: Punishments Vary For Sheriff's Pot Ring
Title:US GA: Punishments Vary For Sheriff's Pot Ring
Published On:2001-11-18
Source:Augusta Chronicle, The (GA)
Fetched On:2008-01-25 04:25:45
PUNISHMENTS VARY FOR SHERIFF'S POT RING

VALDOSTA, Ga. - Daniel Sage Evans has been sentenced to five years in
federal prison for participating in a marijuana-growing operation that
included his deceased brother, Coffee County Sheriff Carlton Evans, and
three deputies.

U.S. District Judge Wilbur D. Owens Jr. sentenced Daniel Evans and nine
others who had pleaded guilty to conspiring to grow more than 100 marijuana
plants, possession of marijuana with intent to distribute it, or both.
There originally had been 16 defendants, but Sheriff Evans fatally shot
himself Oct. 3, 2000, as state and federal agents attempted to arrest him
at his home.

Five other defendants were sentenced earlier.

On Friday, Judge Owens also sentenced Benjamin Hodge, Sheriff Evans' former
chief deputy, to four years in prison and a $2,500 fine; former Capt. Dewey
Wayne Harper to three years, six months in prison and a $2,500 fine; and
Jerry "Poole" Powell, Sheriff Evans' brother-in-law, to two years and six
months in prison and a $2,500 fine.

Mr. Evans also was ordered to pay a $5,000 fine.

Each of the 10 defendants sentenced Friday made short statements of regret
and asked Judge Owens for mercy.

Mr. Evans' lawyer asked Judge Owens for a lighter sentence than required by
federal sentencing guidelines, saying his client's participation was
exaggerated.

L. David Wolfe argued that Mr. Evans was not in a leadership position, as
the government had asserted. While Mr. Evans admitted that he had
propagated marijuana seedlings from mature plants that he had grown, only
Mr. Hodge had said that he was a leader, the lawyer said.

"The sheriff's department was stealing dope and selling it before Sage ever
got involved," Mr. Wolfe said.

The government also had wanted a tougher sentence imposed because Mr. Evans
attacked a television crew the day of his brother's death and damaged their
camera. But Judge Owens said the resulting charges of battery and criminal
damage to property were not attached to the marijuana operation.

But he refused to agree that Mr. Evans, 41, was not prominent in the
conspiracy.

"I cannot find that your client was other than a leader or in a leadership
role," Judge Owens said.
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