Pubdate: Sun, 18 Nov 2001
Source: Augusta Chronicle, The (GA)
Copyright: 2001 The Augusta Chronicle
Contact:  http://www.augustachronicle.com/
Details: http://www.mapinc.org/media/31
Note: Does not publishing letters from outside of the immediate Georgia and 
South Carolina circulation area
Author: Terry Dickson
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

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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