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Man receives 40 years for intent to deliver |
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Written by Tatiana Rodriguez
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Friday, 07 November 2008 |
Steven Frances Gentry, 53, of Marfa, was sentenced to 40 years in the Texas Department of Criminal Justice-Institutional Division and was fined $10,000 in 32nd Judicial Court after a two-day trial.
Gentry originally pleaded not guilty to the charge of possession with intent to deliver a controlled substance, namely psilocin. Psilocin is an active ingredient in Psilocybin mushrooms, classifying the mushroom as a hallucinogen. He was later found guilty by a Nolan County jury during the trial.
The first witness for the state, prosecuted by Assistant District Attorney Ann Reed and Trey Keith, was Texas Department of Public Safety state trooper Steven Gleaton, who made the original traffic stop, finding the mushrooms on the defendant.
Gleaton was asked to remember Jan. 29, 2007 around 2:45 p.m. Gleaton remembered stopping Gentry around that time about three miles West of Roscoe on Interstate 20 in Nolan County. He stated that he had observed a blue Mercedes with an obstructed license plate. According to Gleaton, the word 'Texas' was covered up on the license plate by a plastic covering, which is a violation of the law.
When asked about the defendant's demeanor at the traffic stop, Gleaton stated that he seemed “excessively and unusually nervous,” which made the trooper become concerned for his own safety. Gleaton then frisked the defendant for weapons.
According to the state trooper, the defendant “kept putting his hands in his sweater pocket.” The trooper asked the defendant what he had in the pocket and the defendant confessed to having marijuana. The trooper then handcuffed the defendant to secure him and confiscated a plastic bag from Gentry's pocket, finding marijuana and mushrooms in the bag. The defendant was then mirandized and arrested. He was taken to the Nolan County Sheriff's Office.
The next witness for the state was Mark Palafox, who at the time of the arrest, was a jailer at the Nolan County Jail and was involved in booking Gentry. Palafox told the jury that when taking inventory of Gentry's items, he found a folded piece of white paper in the defendant's wallet. Inside the folded paper was a white powdery substance. All of the drugs confiscated were submitted to the Texas Department of Public Safety crime laboratory in Abilene for testing.
The defense, represented by Jeff Johnson of Abilene, argued that the original traffic stop made by Trooper Gleaton did not abide by the traffic code that was referred to by Gleaton.
William Toddson, a forensic scientist at the Texas DPS crime lab in Abilene, was the next witness for the state. Toddson was the scientist that tested the drugs found on Gentry on Jan. 29, 2007. According to Toddson, Gentry had 8.76 grams of marijuana, 5.70 grams of mushrooms and 0.05 grams of methamphetamine.
The defense argued that the drugs found on Gentry were a very small amount and that Gentry could not have been selling such a small amount of drugs, but more than likely using them himself.
The prosecution then countered that the amount found did not matter. Reed argued that what metered was the fact that the defendant carried more than four grams and less than 400 grams of the mushrooms, making the offense a felony.
The prosecution then offered into evidence a video of the original traffic stop made by Trooper Gleaton. One portion of the tape was ruled inadmissible in court by 32nd Judicial District Judge Glen Harrison and the jury was not able to hear a small portion of the video.
In the video, after Trooper Gleaton found the drugs on the defendant, Gentry admitted that the marijuana belonged to him, but that the mushrooms found were for a friend in Dallas, where he was headed for other reasons, and he was supposed to give those mushrooms to the friend.
After closing arguments, the jury deliberated and came back with a guilty verdict. Then the judgment phase of the trial began.
During the judgment phase, the prosecution offered several witnesses including Deputy Robert Angeloff, who was a Gaines County patrol deputy June 12, 2007, when the defendant was stopped due to speeding. The deputy found that Gentry had a suspended driver's license and smelled an odor on Gentry as he exited his vehicle. The deputy tried conducting a field sobriety test on Gentry, who was uncooperative. According to the deputy, Gentry refused to take a breath test and was given a blood test to determine his blood alcohol level.
The next witness was Marissa Silva of the Midland Texas DPS crime lab. She tested Gentry's blood from that same stop and found that there was a blood alcohol level of 0.09.
A deputy James Matt Quillen of the Plano Police Department also testified for the state. He stated that he came into contact with Gentry after responding to a shots fired call in Collin County. When responding to the call, he witnessed a person jumping over a fence and hiding behind a garbage can in the neighborhood being investigated. Deputy Quillen then approached Gentry and searched him for weapons, finding only a small black leather case — a glasses case — in Gentry's back pocket. Inside the case was a bag of a crystal substance according to Quillen, which he believed to be methamphetamines. Gentry was then arrested. More drugs were found on Gentry when he was booked. No weapons were found at the house that Gentry had been at that night.
The next witness was a forensic scientist with The Texas DPS crime lab in Garland. She testified to testing what was turned in by Deputy Quillen and finding 25.87 grams of methamphetamines.
Gentry then took the stand and told of his life, attending Texas Tech University and being only 12 hours shy of a degree in advertising. He was employed by Mutual of Omaha at the time and took an assistant manager job in another location. He had moved out of Lubbock to take the job and be with his then girlfriend, who later became his wife. They later had two children, Ryan and Joey, who both graduated from Texas Tech University. Ryan was present at his father's hearing.
Gentry then told of his divorce from his wife in 2000 and the loss of his job. He stated that he is currently on anti-depressant medication, a pain killer and muscle relaxer. He also testified that he had never been arrested until he turned 50-years-old and that he has spent the last five years taking care of his sick mother, who is now 84-years-old. He admitted to occassionally using methamphetamines, marijuana and just a small amount of mushrooms.
According to Gentry, when asked about the arrest in Nolan County, he found the mushrooms while cleaning his car out before heading to Dallas earlier that morning. He said that his car had been worked on previously in Dallas, and that he was going to confront the people who worked on his car and ask them why they had left the mushrooms in his car.
When asked if he thought he had a drug problem, Gentry said that he did not have a problem, "I just use them on occasion."
Gentry said that he has used methamphetamines about 30 times. He also stated that the methamphetamines found in his wallet were also a mystery.
"I didn't know it was there. I didn't use that wallet often and only put it in my back pocket because I knew I had important papers in there," he said.
Gentry's defense attorney pointed out that Gentry had not been convicted of a felony in this state or any other state and that the other counties should deal with the crimes committed in their counties. He stated that Gentry was not a dealer, but a user with a problem, and would benefit from being under Judge Harrison's supervision instead of prison.
Reed then closed by saying, "He's a drug dealer." She continued that anyone with such a large amount of methamphetamines and says that they do not have a problem must be a drug dealer. She told the jury to give Gentry at least 30 years of prison time and at least a $5,000 fine.
"We don't want drug dealers in our county — passing though or living here.
The jury deliberated for about 30 minutes to give Gentry his prison term. He was then remanded to the Nolan County Sheriff's Office to await transport to the a Texas Department of Criminal Justice-Institutional Division. He will received 132 days of credit towards his 40-year prison sentence. |
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Last Updated ( Saturday, 08 November 2008 )
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