Pubdate: Wed, 29 Aug 2001 Source: Knoxville News-Sentinel (TN) Copyright: 2001 The Knoxville News-Sentinel Co. Contact: http://www.knoxnews.com/ Details: http://www.mapinc.org/media/226 Author: Laura Ayo, News-Sentinel staff writer MAN SENTENCED TO 12 YEARS AFTER REFUSING TO COOPERATE A Knoxville man thanked a federal prosecutor Tuesday for offering him a way out of a mandatory 10-year prison sentence he faced for participating in a cocaine-trafficking operation. "But I can't accept it," Major Allen Spaulding told Assistant U.S. Attorney David Folmar. "I already put my family through emotional stress, and I can't jeopardize their physical safety for decisions I made." While Spaulding, 24, admitted in April that he sold multiple kilograms of cocaine to undercover law enforcement officers and others over the past six years, the articulate man refused to cooperate with authorities - a move that could have allowed Folmar to ask the judge to ignore the mandatory prison term set out by law. "He knew how to get out from under the sentence and chose not to do so," Folmar told U.S. District Judge James Jarvis. "While the court may think it's too much time for someone without a record ... he had a way to get out from under it." Jarvis said that since Spaulding, a first-time offender, chose not to cooperate, he was going to "have to pay, unfortunately." The judge sentenced Spaulding to 12 years and seven months in prison. The term was more than seven years longer than the term received by his co-defendant, who did cooperate with authorities to avoid a sentence of life in prison as a career criminal. Jarvis sentenced co-defendant Robert Paul Wilkinson, 50, in July to five years in prison. Wilkinson had two prior felony drug convictions. The judge accepted defense attorney Bruce Poston's argument that Spaulding shouldn't be subjected to a higher sentence for having a firearm during the course of the drug conspiracy. "You moved a lot of cocaine," Jarvis told Spaulding. "While there is evidence that someone sold you a gun, the evidence is not sufficient to require an enhancement because I don't think you possessed firearms in the sense of drug (trafficking)." Jarvis explained no guns were found when U.S. Drug Enforcement Administration agents searched Spaulding's residence or vehicle. But the judge rejected Poston's argument that Spaulding shouldn't be subjected to a higher sentence for being a manager or supervisor in the conspiracy. Spaulding admitted in his plea papers that his role was largely to direct Wilkinson to deliver cocaine for him and pick up cash proceeds. "There's no excuse for what he did," Jarvis said. "He does not fit the usual criteria for what we normally see in the drug business." The judge explained Spaulding came from a loving, involved family and was educated. Letters submitted on his behalf describe Spaulding as an always smiling young man who made good grades in school, was polite and held a job requiring creativity, dedication and motivation. "So what happened," questioned one couple in their letter seeking mercy for Spaulding. "Who are we to ever think we could predict the future. Watching Major as a young boy the possibilities were endless. What he was and the foundation provided for him all pointed to great and wonderful things." Spaulding offered no excuses for his actions and apologized to his parents, friends and the community. "It was done out of greed and selfishness," he said. - --- MAP posted-by: Jay Bergstrom