Published: July 03, 2008 10:24 am      

SENTENCING: Couple in court on pot charges

MARIJUANA: Both receive probation, man gets jail time.

ALBION — Husband and wife team Lisa K. James, 31, and Richard L. James, 35, have received separate judgments for crimes committed when they harvested and used marijuana in a field near their Shelby Basin Road home.

Orleans County Judge James Punch sentenced Lisa James to three years probation and 80 hours of community service. In her April plea, she said she arrived home from work at 3:30 p.m. the day of an Oct. 11 drug bust to discover her home swarming with police.

Her husband grew the cannabis plant near their home, dried and trimmed it in the garage, and smoked it heavily, she said.

“I was an occasional smoker, myself,” she said before pleading guilty to misdemeanor fourth-degree criminal possession of marijuana.

For his part, Richard James pleaded guilty to felony second-degree criminal possession of marijuana. He was sentenced on Monday in Orleans County Court to 120 days in the Orleans County Jail and five years probation. Lisa James received no jail time, although she faced up to 60 days local incarceration.

At least two pounds of marijuana located in a patch of weeds across the street from the James home was confiscated by local law enforcement. The couple was arraigned in Orleans County Court on the charges of second-degree criminal possession of marijuana, third- and fourth-degree criminal possession of a weapon, three counts of first-degree unlawfully dealing with a child and three counts of endangering the welfare of a child.

Lisa James’ brother, Anthony M. Neal, 37, South Lyndonville Road, Lyndonville, was also charged in the bust. His case is pending.

In other county court news:

n Catherine Thomas, 40, West Park Street, Albion, pleaded guilty to fifth-degree criminal possession of a controlled substance. She was first arraigned in Albion Town Justice Court on the charges of third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance. As a second felony offender, state prison will be mandatory as part of the sentence. She may be eligible for Willard Drug Treatment Campus, a state prison specializing in drug rehabilitation.

n Rafael Chicas, 47, pleaded guilty to a violation of probation dating back to 1996. He entered probation after pleading guilty to felony third-degree criminal possession of a weapon at that time. Sentencing is scheduled for July 28. As part of the plea bargain, he faces a state prison sentence no greater than 1 to 3 years.

Chicas was recently extradited from Florida. Bail was set at $10,000 cash or bond.

n Michelle K. Smalls, 22, Center Road, Kendall, was sentenced to one year local incarceration for violation of probation.

n Bobby J. Mattison, 30, Glenwood Avenue, Medina, pleaded guilty to fourth-degree grand larceny, a crime for which she faces up to 1 1/3 to four years in state prison. Mattison was arraigned on the charges of grand larceny, identity theft, unlawful possession of personal identification information and criminal impersonation in February.

n James J. Bremer, 28, Roycroft Boulevard, Snyder, was sentenced to five years probation after pleading guilty to fifth-degree criminal possession of a controlled substance in December.

n Robert Finley, 48, was resentenced to one year local incarceration on an indictment that dates to 2005. Finley was charged with felony first-degree promoting prison contraband for possessing marijuana as an inmate at the Orleans Correctional Facility, a crime for which he was sentenced to three to six years in state prison. His attorney appealed the case, arguing that marijuana should not be considered “dangerous contraband,” and won. Finley was resentenced for the crime as a misdemeanor.

n David B. Riggs appeared in court on an extradition out of the State of Michigan. He should be picked up some time next week.

Contact reporter Nicole Coleman at 798-1400, ext. 8227.