Pubdate: Thu, 09 Aug 2012
Source: South Bend Tribune (IN)
Copyright: 2012 South Bend Tribune
Contact:  http://www.southbendtribune.com/
Details: http://www.mapinc.org/media/621
Author: Dave Stephens

JUDGE MUSES ABOUT LEGALIZING POT, BUT NOT THAT MUCH

SOUTH BEND -- Cane in hand, 56-year-old Guy McDaniel listened as a St.
Joseph County judge admitted in court that he was in favor of
decriminalizing marijuana.

That admission, however, comes with limits -- one of them being 52
pounds.

In February, police arrested McDaniel at a West Washington Street home
after a postal investigator reported finding something suspicious.

According to a police reports, the post office inspector contacted
narcotics officers after receiving two suspicious packages en route to
a South Bend home.

Officers went to the home where the packages -- addressed to a Mr.
Gamage -- were supposed to be sent.

Police, who were watching the mail delivery, say McDaniel signed for
two packages using a fake name.

After the officer left, police went into the home, where they reported
finding not only the recently delivered packages but also a digital
scale and other items indicating the home was also a drug house. They
also found the two packages -- one weighing 11 pounds, the other 41 --
stuffed full of the illegal weed.

Police arrested McDaniel, who allegedly admitted he was in the home
waiting for the drugs to be delivered. Last month, a jury convicted
him of possessing marijuana.

Today, he appeared before St. Joseph County Superior Court Judge John
Marnocha to learn his fate.

McDaniel's attorney asked for probation, citing a previously clean
criminal record. The state asked for two years in prison, citing the
large quantity of drugs.

McDaniel, when it was his turn to speak, simply apologized for his
"mistake" and promised to never break the law again -- even going out
of his way to help.

"Put me on the snitch list," McDaniel told the judge. "If I see
anything bad going on, I'll snitch. You won't even have to ask."

Marnocha, however, didn't seem swayed by the offer.

"I don't like to throw someone in jail for a little marijuana,"
Marnocha told McDaniel. "Quite honestly, I think they should
decriminalize and just legalize it ... but this wasn't a little amount
of marijuana."

In the end, Marnocha agreed with prosecutors and implemented the
two-year sentence. With good behavior, McDaniel -- who had been free
on bond -- could be released in a year.

"Judge, you know I didn't do it," McDaniel said as he was led out of
the courtroom. "A year in jail? That's crazy."
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