Pubdate: Sun, 11 Jul 2010
Source: Tri-City Herald (WA)
Copyright: 2010 Tri-City Herald
Contact:  http://www.tri-cityherald.com/
Details: http://www.mapinc.org/media/459
Author: Paula Horton

SENTENCING DELAYED FOR FRANKLIN COUNTY JAILERS

A federal judge has indicated he may go against a plea deal and send 
two former Franklin County corrections officers to prison for trying 
to start a marijuana distribution business.

Kevin Still, 44, and Sonya Symons, 32, were scheduled to be sentenced 
last week in U.S. District Court in Richland.

But the hearing was postponed after Judge Edward Shea notified 
attorneys that he was considering incarcerating the former jailers.

The written plea agreements negotiated for the Pasco couple said 
federal prosecutors would recommend they serve two years of probation 
and no prison time.

Attorneys also agreed that under the probation conditions, Still also 
would spend four months on electronic home monitoring.

Judges don't have to accept the recommendations in a plea agreement 
and can sentence defendants to any time within the standard sentencing range.

Still, who pleaded guilty April 15 to attempting to possess marijuana 
with intent to distribute, has a sentencing range of six months to 
one year in federal prison.

Symons' range is up to six months in prison. She pleaded guilty to 
distributing marijuana.

Prosecutors agreed to drop charges of conspiracy to distribute 
marijuana against both jailers in exchange for their pleas.

On July 2, Judge Shea sent an order to the attorneys saying he was 
considering a 30-day sentence for Symons and three months for Still.

Wednesday, Still's attorney, Todd Harms, asked the court to postpone 
the sentencing because he wanted to provide more information for Shea 
to consider, court documents said.

"I believe the Court should consider the impact of placing Kevin 
Still in a federal detention center given that he is a former 
corrections officer and this may cause risk of harm," Harms wrote in 
his motion.

Harms said continuing the sentencing would give him time to talk to 
the federal Bureau of Prisons to research placement options if his 
client is ordered to serve time in prison.

Symons' attorney and federal prosecutors also supported Harms' request.

Judge Shea agreed to continue the sentencing to Aug. 13.

Still was a corrections officer for 21 years before his arrest in 
October. Symons worked at the Franklin County jail for six years.

In documents filed before the sentencing was postponed, Still's 
attorney requested Shea follow the agreed recommendation, saying his 
client previously had not committed a crime, is a Marine veteran and 
was a youth hockey volunteer for 18 years.

Still was a caretaker, with his mother, for his father who recently 
passed away from cancer, has an 18-year-old son, and was helping 
support Symons and her son financially because Symons had legal 
expenses from a custody battle and medical bills, Harms wrote.

Symons and Still were living together when arrested.

"The circumstances surrounding Kevin Still became a perfect storm 
that he allowed to draw him into a situation that he otherwise had no 
proclivity for," Harms wrote. "Kevin's feelings for Sonya Symons were 
intense. It was Symons who introduced Kevin to the man she thought 
would be a source of marijuana for easy money."

Harms said Still "felt strongly" that it was his duty to provide for 
Symons and her son and he wanted to use the money to bail Symons out 
of her financial distress, court documents said.

"The informant proposed to Kevin that he could sell methamphetamine 
and would make much more money. Kevin let the informant know 
immediately and with no doubt that he was not interested," Harms 
wrote. "Right or wrong, part of Kevin's justification was that he 
believed he could turn this operation into a legitimate sale of 
medical marijuana and then distribute when marijuana is legalized."

Still is working on starting a business, and Harms said his client 
will be able to establish financial independence if he's allowed to 
serve time on home detention, documents said.

The jailers were arrested following an investigation by the 
Tri-Cities Metro Drug Task Force, the Drug Enforcement Administration 
and the Franklin County Sheriff's Office.

Symons' brother, Troy Green, 29, of Spokane, also was charged for his 
alleged role in the marijuana distribution plan and is awaiting trial.

Still and Green were arrested in Spokane when they went to meet an 
undercover detective who arranged to sell them 12 pounds of marijuana 
for $30,000. Symons was arrested at home.

According to court documents, Still and Symons initiated plans to 
start dealing marijuana by contacting an inmate at the Franklin 
County jail who was known to have contacts in the marijuana 
distribution business.

In June 2009, the inmate then approached a Metro detective and 
provided information about the corrections officers trying to connect 
with large drug trafficking organizations.

The informant said he got preferential treatment from the jailers -- 
Symons let the informant use her personal cell phone while locked up 
- -- and maintained a personal relationship with them once released.

In September, Still contacted the informant to get help buying 50 
pounds of pot and the informant set up a meeting with an undercover 
officer acting as a large-scale marijuana transporter, documents said.

Still and Green allegedly negotiated a purchase deal with the 
undercover officer, but only had $12,000 with them when they went to 
make the buy, so the undercover agent agreed to front them half of 
the 12 pounds of marijuana, documents said. They were arrested after 
they completed the transaction.
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