Judge opts for lighter drug case sentence
Mushroom grower gets 18 months of probation instead of 13-year term
Stephen Fletcher’s illegal fungus-farm experiment didn’t land him in prison, after all.
Fletcher, a Lawrence man who pleaded guilty recently to trying to grow psychedelic mushrooms, appeared Friday in Douglas County District Court ready to face the presumed penalty under state law: between 11 and 13 years in prison.
“I was really expecting to be led away in shackles today,” he said.
Instead, Judge Michael Malone granted an exception to the state’s sentencing guidelines and ordered Fletcher to spend 18 months on probation. Malone found that Fletcher wasn’t the kind of defendant lawmakers were trying to target under the state’s controlled-substance manufacturing laws.
“Perhaps their net was far wider than their intent on this matter; I don’t know,” Malone said. “This is not the type of offense that deserves an imprisonment of some 13 years.”
Fletcher, 24, was featured in a recent Journal-World article about disparities among punishments for drug crimes and violent crimes. His sentencing attracted about 20 friends and family members, plus an advocate for victims of violent crimes.
“I think justice was served,” said Chris Reeves, who was beaten severely in 1995 in Manhattan and said his attacker served about 3 1/2 years in prison. Reeves said he attended the sentencing because he was interested in Fletcher’s case. He said he considered it degrading for violent-crime victims when drug offenders occupied prison spaces that could be used for violent criminals.
Fletcher is a former Marine with no criminal history, but he wasn’t optimistic going into court Friday.
He ate “like a pig” on Thursday, he said — a lasagna dinner, a two-hour trip to a Mongolian Grill — and stayed up late watching movies. He made sure he had his eyeglasses in his pocket so he’d have them when he was taken into custody.
Instead, Fletcher left the courtroom smiling. He vowed to keep his nose clean and submit gladly to all drug tests required by his probation officer.
“If he wants toenails, I don’t care,” Fletcher said. “I’ll give him everything.”
Assistant Dist. Atty. Dan Dunbar didn’t oppose the deviation from the sentencing guidelines; in fact, he argued for it. He said he thought the drug-manufacturing law was intended to go after people who run methamphetamine labs, not mushroom operations.
But Dunbar said it was the only charge on the books that fit Fletcher’s offense.








