Man caught with crack cocaine near KU faces life in prison / LJWorld.com

Lawrence and Douglas county

February 9, 2006

A Leavenworth man caught with crack cocaine during a traffic stop on the Kansas University campus is facing life in prison.

Jurors in U.S. District Court in Kansas City, Kan., on Wednesday convicted Theogen E. Garner, 42, of one count of possession with intent to distribute crack cocaine within 1,000 feet of a public university.

KU police stopped Garner's pickup truck about 1:12 a.m. July 21, 2005, near 15th and Iowa streets after seeing it weaving within its lane and driving at nearly half the speed limit. The officer saw Garner's eyes were bloodshot and his hands were shaking, and a computerized record check showed Garner was on parole, according to court records.

Another officer arrived and spotted what appeared to be a marijuana cigar behind Garner's ear, according to records. Garner admitted it was marijuana, and while an officer was patting him down, he pulled a plastic bag out of his pocket and said: "I got some drugs in here. I'm just gonna go ahead and lay down on the ground."

Police eventually found 82 grams of crack cocaine in the truck in addition to the 13 grams in his pocket.

Garner told officers he had bought 3.25 ounces of crack cocaine in Lawrence and planned to sell it and double his money.

According to U.S. Atty. Eric Melgren, Garner faces a mandatory life sentence because of the amount of cocaine combined with his past convictions in Leavenworth County for sale of cocaine and sale of marijuana.

The case was the first one prosecuted in federal court by Douglas County Assistant Dist. Atty. Brandon Jones, who recently received a special designation allowing him to try federal cases.

Dist. Atty. Charles Branson said involving Jones with federal cases would allow more drug dealers caught in Lawrence to be charged in federal court, where penalties are stiffer.

"If you're a drug dealer, we're going to get you off the street one way or the other," Branson said. "If we've got to take you on up to federal court to do so, we're going to do that."

Discussion

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9 February 2006
at 7:44 a.m.

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neopolss (Anonymous) says…

However, one can embezzle millions, destroying the lives of thousands, and face only a few years of prison. Yeah, it's a very fair system.
9 February 2006
at 8:14 a.m.

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The_Original_Bob (Anonymous) says…

Agreed Neo.

Also, I can understand stiffer penalties for selling drugs around schools but “distribute crack cocaine within 1000 feet of a public university.” What a joke. Crack yet not regular cocaine. Ridiculous.
9 February 2006
at 8:19 a.m.

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OfficeGirl (Anonymous) says…

Yet you can rape a 13 year old and get probation. Who is the victim in the above crime? The man possessing crack, consuming it and selling it to people who want to buy it? I'm not saying it's OK for people to possess, use or sell drugs, but…..
9 February 2006
at 8:25 a.m.

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christie (Anonymous) says…

I'm almost 55 years old, and somehow I've managed to get by without being accused of or convicted of a felony. It's not that hard to do.

This guy was on parole, driving around drunk (attempted murder), was smoking dope, weaving, and had a few ounces of crack cocaine…

I have no sympathy.
9 February 2006
at 8:27 a.m.

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cutny (Anonymous) says…

Man…talk about draconian drug laws. I'm not sticking up for the idiot, who obviously has no regard for anyone else, and clearly should not have been driving, but life in prison? wtf? Meanwhile, back in Topeka Wittig gets to keep his million dollar casa, bought with the money from ill-gotten gains.
9 February 2006
at 9:03 a.m.

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yeah_right (Anonymous) says…

People get very long federal sentences all of the time for dealing drugs. Often longer than violent crimes, including rape and certainly longer than white collar crimes. You know why? It's a tactic to keep the minority down.

I certainly believe that drug dealers should be punished. Especially since dealing drugs leads to violent crime…and a lot of burglary/theft by crack heads. However, the system is certainly skewed to favor the rich.
9 February 2006
at 9:16 a.m.

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hockmano (Anonymous) says…

I agree with yeah-right! So we throw these guys in prison for the rest of their lives and who has to pay to take care of them? We do. There has got to be a better way.

9 February 2006
at 9:54 a.m.

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RonBurgandy (Anonymous) says…

hockmano: what do you suggest? Let them out? Kill them? I agree that it sucks that we have to support them with three meals a day and a roof over there head, but what else do you do?

It is stupid that some penalties for other crimes do not corrollate (sp?) with drug laws, but that doesn't necessarily mean that we should let drug dealers off with a lighter sentence. Now, I think that there should be escalading penalties for different drugs or amount of infractions. A guy selling some pot to his friend probably doesn't deserve life in prison, but if it he was in charge of a big ring and had been convicted more than once or twice, well, he deserves a stiffer penalty.
9 February 2006
at 9:56 a.m.

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justathought (Anonymous) says…

My thoughts excatly. I am not saying he shouldn't get this sentence just that it's crazy that other things aren't held to the same sentence. It's nuts.
9 February 2006
at 10 a.m.

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bugmenot (Anonymous) says…

The penalties in this country, in this day and age are ridiculous. And the comments by christie are ridiculous. Extrapolation doesn't quite work in this instance. I've managed to get through 37 years of my life without having sickle cell anemia, that doesn't mean that I have no sympathy for people with that disease.

Also, I've read through the article several times and it doesn't look like he was drunk driving. Driving while using marijuana is much less deadly because it usually makes people drive much more slowly.

Seriously, this just is not right. Life in prison for a non-violent crime? Not right.
9 February 2006
at 10:11 a.m.

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rednekbuddha (Kelly Powell) says…

I agree, but I really, really hate crack…..It is the Mcdonalds of drugs. I have seen more good people become gibbering thievish morons because of that drug then all others combined(well, meth is a close second, but they seem to merge)There is just something about it that makes people's inner richard shine forth…..damm the c.i.a for inventing it!
9 February 2006
at 10:33 a.m.

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CanadianPassport (Anonymous) says…

Legalize it, and make it a mandatory 20-year sentence for those who sell to children. Make buyers show an ID and buy it on the cheap from a pharmacy, put them all into a database of crack users for easier prosecution of any non-drug crimes they commit.
9 February 2006
at 10:47 a.m.

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Hong_Kong_Phooey (Anonymous) says…

“Often longer than violent crimes, including rape and certainly longer than white collar crimes. You know why? It's a tactic to keep the minority down.”

Yeah_Right: Are you saying that minorities commit more violent crimes, and deal more drugs, than white folks?
9 February 2006
at 10:50 a.m.

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Hong_Kong_Phooey (Anonymous) says…

“Also, I've read through the article several times and it doesn't look like he was drunk driving. Driving while using marijuana is much less deadly because it usually makes people drive much more slowly”

Bugmenot: You cannot be serious! Yeah, they driver slower. Usually. They also have a significantly diminished reaction time to emergency situations, traffic lights, traffic signs, pedestrians in traffic, stopped vehicles in front of them, and so on, and so on, and so on…
9 February 2006
at 10:59 a.m.

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The_Original_Bob (Anonymous) says…

Drunk. Stoned. Whatever. It doesn't matter. It's still a Driving Under the Influence. You can get a DUI for driving on prescription meds that impair your driving skills.

9 February 2006
at 11:09 a.m.

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glockenspiel (Anonymous) says…

Life? A little harsh, but not much.

Drug dealers feed off of the week. They are predators, not buisnessmen. I don't ignore the blame of their victims, either. 'Effective' dealers lure people in by being a “freind”. They offer their goods as an instrument to have fun and feel good. They often do this for free or for little charge. Soon they have established a demand for their product. The poor smuck, now forced to drain his pockets for the substance he so dearly needs to feel “hope”. His life falls apart around him. Can't pay his bills, can't hold a job. Loses everything. It affects his family, which drains their finances to get him help, or just keep him alive and off the streets. Not to mention the emotional stress that they have to deal with every day when they wonder if their loved one will make it.

Drug dealing sounds like a victimless crime, but it isn't. These people knowingly destroy peoples lives. This pattern is repeated over and over again. Look around. It's not hard to find.
9 February 2006
at 11:18 a.m.

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Jamesaust (Anonymous) says…

The sentence certainly does seem severe. However, it is interesting to reflect on this situation in conjunction with recent comments regarding serial child molesters —

It would seem that this individual in an incurable, serial felon. Does anyone seriously doubt that this person has committed a significant quantity of felonies for which he has not been convicted?

I'm not certain life in prison is the answer, but a signficant period of jail time and a significant period of controlled release (perhaps a 'workfarm') are called for. Perhaps 10 jail, 20 under supervision (actual, not paroled)? That'd make him 72 y.o.
9 February 2006
at 11:24 a.m.

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yeah_right (Anonymous) says…

HKP- I should have been more specific. First of all I was saying that drug dealers often get more time than those arrested of violent crime or white collar crime. So no I am not saying that minorities commit more violent crime. What I do believe to be true is that possession of crack has stiffer penalties than possession cocaine. Now (forgive me if I am being stereotypical) crack is more of a “poor” drug, cocaine is more for the “rich”. You will find more crack in the ghettos, you find more coke in the burbs. You will find more minorities in the ghetto and you will find more rich, white folk in the burbs. Do you get my drift?
9 February 2006
at 1:57 p.m.

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Manson (Anonymous) says…

“Drug dealers feed off of the week. They are predators, not buisnessmen. I don't ignore the blame of their victims, either. 'Effective' dealers lure people in by being a “freind”. They offer their goods as an instrument to have fun and feel good. ”-glock

Wrong. They ARE businessmen…not the kind that rob employees of 401k's and retirement like other buisnessmen but they are of their own breed. They are very successful. It's supply and demand and in the drug buisness demand is extremely high.

Predators? I have never met anyone that sells drugs that has a hard time selling them. The drugs sell themselves. This DARE inspired image of a “pusher” selling to kids is far fetched. Dealers that sell crack,acid,X,mushrooms,cocaine,marijuana, etc. Don't need to push. They sell themselves.

The buyers need to exercise self controll and take responsibility for their own actions.
9 February 2006
at 2:22 p.m.

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JimmyJoeBob (Anonymous) says…

Manson get real the reason drugs sell themselves is no real surprise. They are so addictive people sometimes lose everything, job, home, family, their life. For you to say the buyers need to exercise self control and take responsibility shows how naive you are to this problem. Why don't you take a little time to educate yourself to what happens to the buyers. A lot of them can be found at our local shelters and under some of our local bridges. I don't know if I believe in life imprisonment but your comments are uneducated.
9 February 2006
at 2:50 p.m.

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lovenhaight (Anonymous) says…

There are studies that show that black males get pulled over and searched more than any other group of people. Don't believe me? The study was performed on the I-95 corridor. Look it up.

I know a hell of a lot more white kids who sell than I know black kids who sell, and it has nothing to do with there being more white people around here. I'm from a VERY racially diverse area, so don't try to go there. I guarantee you though, the white kid is more likely to never get caught, or if he does, he has someone behind him willing to bail him out.
9 February 2006
at 2:54 p.m.

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Manson (Anonymous) says…

I know buyers….I have been a buyer. Not all buyers live under the bridge, or at the salvation army. Many are normal avg. everyday people. Marijuana users, for instance, are all arround you every day. People that use street drugs are no diffrent than those that smoke cigaretts, drink coffee, eat excessivley, take perscription pills unnecessarily.

America is addicted to pills and not just pills but the ever elusive fix. Be it psycological, physical or chemical. Moderation should be removed from our vocabulary here in America. The crack fiend is no diffrent than the guy who smokes 3 packs A day. Each costing tax payers in their own way. Jail time for Non-violent drug offenders is the biggest overhead cost of them all. We house these people, give them free medical and dental. These offenders need rehab not jail. The first step of rehab is what???? Just what i said accepting responsability.

“Why don't you take a little time to educate yourself to what happens to the buyers. ”

I know what happens to them they deny that they are at fault. This simple fact perpetuates the problem. What people like you and I can do is “get educated” which I already have and reinforce the idea of accepting responsability for their actions. They are NOT victims. they just made bad choices and need to help themselves so others can help them.

Take it from a buyer…..I know.
9 February 2006
at 3:28 p.m.

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JimmyJoeBob (Anonymous) says…

So if I got you right it is the poor dealer being forced into selling these dope fiends all these drugs. You must be the biggest crutch around why don't you blame society while you are at it. Don't refer to Marijuana, cigarettes etc and crack in the same breath they are way different, and you know it. If you don't you are more uneducated on the topic than I first thought. You have not convinced me of anything here

9 February 2006
at 4:44 p.m.

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mcoan (Anonymous) says…

Our society continues its March Towards Fascism on so many fronts. The Founding Fathers would be appalled.
9 February 2006
at 6:15 p.m.

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JimmyJoeBob (Anonymous) says…

Fathers sometimes have to punish their kids.
9 February 2006
at 7:25 p.m.

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chicklet (Anonymous) says…

hahah i love how old people call marijuana “dope”

FYI to old people: dope is slang for HEROIN now. get with the times, man.

*lights up*
9 February 2006
at 9:38 p.m.

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JimmyJoeBob (Anonymous) says…

Well since the old people came up with the word maybe you shouldn't assume you can just change it to what you want.
10 February 2006
at 7:42 a.m.

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ljreader (Anonymous) says…

chicklet
“old people” have been calling pot (and most drugs)”dope” since before you were born. When dinosaurs roamed the earth, heroin was also called “smack”, among other things.
10 February 2006
at 7:54 a.m.

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ljreader (Anonymous) says…

Crack and meth do deplorable things to people and their lives. Hideous drugs.
The same can be said for alcohol- broken families, birth defects, etc. but, we don't put the liquor store owner in prison for life-
I can't say enough bad things about crack, but I do think the penalty is rather harsh. As many posters have already pointed out, it's not right that this crime carries a heavier penalty than alot of murders, rapes, child molestations, and white collar crimes.