Pubdate: Thu, 25 May 2006
Source: Register-Guard, The (OR)
Copyright: 2006 The Register-Guard
Contact:  http://www.registerguard.com/
Details: http://www.mapinc.org/media/362
Author: Bill Bishop, The Register-Guard
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

PARTNER IN CRIME GETS SAME TIME

Describing a home invasion robbery last year as "a contemporary
American tragedy ... of drugs, young men and guns," a prosecutor on
Wednesday sought a 17 1/2 -year prison term for a Springfield man who
carried a shotgun during the carefully orchestrated scheme to steal
marijuana and money from an Elmira resident.

At the end of a 20-minute hearing, Jarrod Michael Swisher, 26, of
Springfield, got a 16-year prison term - the same sentence given
earlier to his two accomplices; Nicholas William Pearson, 21, of
Springfield, and Jesse Michael Smith, 26, of Eugene.

No one was injured in the Dec. 6 incident, although the three robbers
fired several shots at the homeowner when he returned unexpectedly and
interrupted them after they had bound three of the victim's house
guests and were ransacking the house on Sheffler Road, according to
court records.

Deputy Lane County District Attorney Karl Matthews said Pearson
hatched the idea and recruited Swisher, who then recruited Smith. The
men acquired maps, studied video of the property, made at least two
reconnaissance trips and carried a wide range of equipment, including
wire snips for the alarm system, duct tape, a glass cutter and tools
to break out auto glass, Matthews said.

They carried a shotgun, a 9 mm pistol and a Taser. They wore
camouflage and masks, and were not high on drugs when they did the
crime, he said. They took 3 1/2 pounds of marijuana and $6,000 cash.

But the plan went sour when the victim returned. The robbers shot at
him and fled into nearby woods, where they were quickly found by a
police dog.

"It was meticulously planned," Matthews told Lane County Circuit Judge
Lauren Holland, who presided over Swisher's trial. A jury last week
convicted Swisher on all counts - first-degree burglary, second-degree
kidnapping, unlawful use of a weapon, two counts of theft and four
counts of robbery.

Matthews argued that Swisher deserved a longer prison sentence than
his accomplices because he lied to the jury in his testimony.

However, defense lawyer Elizabeth Baker said the jury made no ruling
on possible perjury and it cannot be determined how they weighed
Swisher's testimony.

She noted Swisher has no criminal history and played "a minor or
relatively passive role" in the crime. She said he suffers from
depression and that he dropped out of high school after a close friend
was shot in the 1998 Thurston High School shootings. She sought a term
of no more than 10 1/2 years.

In a written statement to the judge, Swisher apologized and, holding
back tears, described the crime as "shameful." 
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