Judge questions fine in drug plea deal

A criminal court judge reluctantly approved a plea agreement Monday that will allow a New Hampshire man to go free for possessing a large amount of illegal drugs and a loaded hunting rifle.
http://www.rutlandherald.com/article/20120927/NEWS02/709279895

Published September 27, 2012 in the Rutland Herald Judge questions fine in drug plea deal By Christian Avard Staff Writer WHITE RIVER JUNCTION — A criminal court judge reluctantly approved a plea agreement Monday that will allow a New Hampshire man to go free for possessing a large amount of illegal drugs and a loaded hunting rifle. Tim MacLean, 30, of Charlestown, N.H., will pay $4,000 in fines for having 5.3 pounds of marijuana, 263.7 milligrams of heroin, and less than a gram of cocaine when he was arrested. He pleaded guilty to marijuana and heroin possession. The state dropped the cocaine possession charge. By agreeing to the plea agreement, MacLean avoided a jail sentence of no more than five years in prison and a fine of up to $500,000, or both, for each charge. The agreement says $2,000 of the fine will be suspended provided MacLean completes a restorative justice panel in Springfield and shows proof to the court in 120 days. White River Junction criminal court Judge Harold Eaton Jr. was surprised by the agreement given the amount of drugs MacLean had at the time of his arrest. MacLean’s attorney Elizabeth Kruska said he cooperated with police and completed an in-patient treatment program for substance abuse since his arrest. She added that MacLean is no longer part of the environment that fostered his habits, has a full-time job, is active with his church, and has parenting responsibilities. Windsor County State’s Attorney Robert Sand said to Eaton that a $4,000 punitive response was justified. Judge Eaton issued a stern warning to MacLean after he was sentenced. “If you come back before me, do not expect a similar result. It will be significantly different,” Eaton said. Outside the courtroom, Sand said prosecutors across the state are responding with high fine amounts as a deterrent. “This was conduct that needed to be punished,” Sand said. “I think people would agree that $4,000 is a significant amount of money. The question then became should we be utilizing tax payer dollars on a correctional space and I’m not sure that was going to impress upon him the illegality of behaviors.” State Police pulled over MacLean on Nov. 10, 2011 for driving erratically on Interstate 91. MacLean told police there were problems with his car’s control but State Trooper Michael Studin noticed Maclean’s right hand and lower arm were swollen, according to the affidavit. MacLean agreed to a search of his vehicle, where the drugs and $3,500 in cash were discovered. State Police also conducted a search of his car at the Rockingham Barracks and found a loaded .30-06 hunting rifle in the car trunk. The rifle was loaded with three rounds and there was a box of 20 rounds in the trunk as well. MacLean told police he was going hunting with his brother the following day. He pleaded no contest to a Fish & Wildlife violation and paid a $429 fine.