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The Register-HeraldSaturday, September 4, 1999 ■ 7BFayette judge sentences six defendants for drugsBy Audrey SchwitzerletteREGISTER-HERALD REPORTERFAYETTEVILLE - Three Fayette County residents arrested in a drug raid earlier this year received maximum sentences for their crimes.James N. Higginbotham, 50, and his wife, Fannie B. Higginbotham, were both taken to Southern Regional Jail Thursday after Fayette County Circuit Judge Cnarles M. Vickers denied them probation for their guilty pleas to drug crimes.James Higginbotham pleaded guilty earlier this summer to possession of a controlled substance, Diazepam (or Valium).Vickers sentenced him Thursday to 90 days to six months in Southern Regional Jail, citing an unfavorable presentence investigation report.In addition to two adult children, the couple has three children - 5, 7 and 10 years old. “Those three children need the attention of their parents,” Vickers said.Vickers said that in addition to an unfavorable community sentiment, the report indicates Higginbotham does not spend what money he sporadically earns as a river guide on his family.“That’s a very important position, especially in this area where we have a lot of tourists,” Vickers said. “I can appreciate the fruits of your labor, but I’m not sure where they’re channeled. You need to spend time incarcerated.”Fannie Higginbotham was sentenced to two consecutive one- to 15-year penitentiary sentences and two $1,000 fines for her guilty pleas to two felony counts of delivery of crack cocaine.The state did not oppose probation, but Vickers denied the defendant’s request for it.“You’re subjecting those young children and yourself and your whole family to your cocaine selling practice,” Vickers told her. “As a parent, you and your husband have no idea how to financially run a household.”Vickers also told Fannie Higginbotham community sentiment was not in her favor.“Some say you fell into this mess because of your (adult) children,” Vickers said. “Some say your husband spends all his money on drugs.“You cannot go out here and live a lifestyle of selling controlled substances and expect the court just to ignore this,” Vickers said. “Your request for probation is denied. I feel you need a period of incarceration to help you understandyour responsibility to the community and to your family.”Vickers also sentenced Carl Mansfield, 46, also of Glen Jean, to one to 15 years in the state penitentiary for his guilty plea earlier this summer to delivery of crack cocaine.Christopher L. Hildebrand, 23, of Oak Hill, received a sentence of one to five years in the penitentiary for his guilty plea to possession of marijuana with intent to deliver. Vickers suspended the penitentiary term and granted Hildebrand 24 months' probation with random drug testing to be conducted at his new home in Florida.“I want you to keep your job in Florida and stay out of trouble,” Vickers said, reminding the man he could be required to serve the jail time if he violates probation rules.Hassel Toney, 40, of Danese, was sentenced to one to five years in the penitentiary for his guilty plea to possession with intent to deliver marijuana after pleading with the court for probation.“I’m a very honest man,” Toney said. “I am not a criminal, although what I did was against the law.”Toney said he would pay fines if the court would let him continue working. He told Vickers he has overcome seven back surgeries and has finally been able to obtain work and stop living on Social Security and disability money.“I can appreciate what you’ve just said,” Vickers told him, “but this is not the first time you’ve been in trouble. You’re now working a job and receiving considerable income, but you chose to haul one and one-half pounds of marijuana from Huntington to Danese to get $450.“That marijuana has spread throughout this area and has caused a lot of problems to a lot of people,” Vickers said.Vickers also said Toney’s presentence report was “fairly bad.”Because of a favorable presentence report, Angela Yates, 31, of Minden, was sentenced to 24 months’ probation after Vickers suspended three one- to 10-year sentences for her guilty pleas to three felony offenses. She pleaded guilty to two counts of forgery and one count of uttering.If Yates violates her probation, the penitentiary sentences will run concurrently, Vickers said.Yates made restitution to the victims, who recommended probation.Vickers said community sentiment and the fact Yates had been cooperative acted to her favor.
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Beckley Register Herald
Beckley, West Virginia, US
Sat, Sep 04, 1999
Page 21
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