Brian Keith Alford, in custody, pleaded guilty to Mid-Level Possession of a Controlled Substance, a Category B Felony, which carries a potential penalty of 1-10 years in prison and a fine of up to $50,000. According to Alford’s attorney, John Kadlic, Esq., Alford was in a car that contained 28-42 grams of a Schedule I or II controlled substance.
In October of 2021, Alford received probation for High-Level Possession of a Controlled Substance and Offer, Attempt, or Commission of an Unauthorized Act Relating to the Manufacture or Compounding of Certain Controlled Substances (87 grams of methamphetamine sold to a cooperating source).
During proceedings, Alford admitted to violating the terms of his probation. Public Defender Jacob Sommer asked the court to continue the matter, explaining, “My client feels that he has some personal things that he would like to arrange. He knows he is going to prison, so it would just get some of it all wrapped up.”
Deputy District Attorney Chelsea Sanford strongly opposed a delay and asked the court to proceed with sentencing. “This isn’t a sneak surprise,” said Sanford, as the case has been ongoing since September. “Justice delayed is justice denied,” she continued, noting there will always be something the defendant wants to take care of before going to prison.
Judge Stockard proposed that he rule today but would not sign it until next week, to which counsel agreed.
Sanford asked the court to sentence Alford to 36-120 months in prison in the interest of public safety. “Unfortunately, what we have in front of us is a person - I hate to say it, but for which rehabilitation is not working.” In the state’s opinion, probation was given previously, and it was a gift that the defendant should have flourished under and proven everyone wrong; instead, he proved the state right. “He is a drug dealer, and he is a poison to this community.”
Kadlic argued Alford has already lived longer than the average meth user, noting that his client will be in his 70s when he gets out. Kadlic asked for concurrent sentences, stating, “He is a fairly intelligent individual; unfortunately, he has chosen to live a life of using drugs,” asking the judge to give Alford a chance to get out.
Alford addressed the court. “Addiction is a disease. It’s not a choice. I just know it's been tough. It would be kind of silly to choose to kill yourself consciously. I did not choose to do this consciously. I don’t have any excuses; I have a disease.”
Judge Stockard sentenced Alford to 19-72 months in prison on the mid-level possession charge, revoked his probation for both previous convictions, and imposed the underlying sentences. Alford will serve 40-180 months on the high-level possession charge and 19-48 months on the charge of selling drugs in Churchill County, with all the terms to run consecutively.
Comment
Comments