A Bismarck couple had used cocaine for 30 years before being arrested on allegations of selling the drug, a prosecutor says.
Darcy Wentz, 56, was sentenced on Wednesday to serve one year in prison for cocaine charges. Donna Eggen, 54, received a suspended sentence for similar charges.
Burleigh County Assistant State's Attorney Cynthia Feland said Wentz and Eggen were candid about their drug use with a probation officer who conducted a presentence investigation. Both admitted to using cocaine for 30 years, and Wentz said he had been dealing the drug to support his habit for 10 years.
South Central District Judge David Reich accepted a plea agreement calling for Wentz to be sentenced to no more than one year in prison and Eggen to receive a suspended sentence. Tom Dickson, Wentz's attorney, argued that Wentz was a good candidate for supervised probation or house arrest rather than prison time, but Feland said Wentz's pattern of conduct in selling the drug for years called for incarceration.
"I do think there needs to be a consequence for this action,"Reich said.
Wentz faced a possible sentence of 86 years in prison, and Eggen faced 26 years in prison.
Police said the charges against Wentz and Eggen, who are married, were the result of an investigation conducted by officers since August 2006. Feland said Wednesday law enforcement knowledge supports Wentz's statements about selling cocaine for the past 10 years. She said he was selective about who he sold to.
"It was very difficult for law enforcement, basically, to get involved," she said.
Wentz sold to a police informant, who was wearing a wire and using marked bills, on three occasions, Feland said. According to court documents, the controlled buys occurred on Aug. 9, 2006, Oct. 18, 2006 and Jan. 19, 2006. Eggen was not involved in those incidents.
Search warrants were executed simultaneously in February 2007 at Wentz Auto Center Inc., 1102 Airport Road, and the couple's residence on the 300 block of Ashwood Drive. Officers found drug paraphernalia at Wentz Auto Center Inc. Wentz was a co-owner of the car dealership, but has sold the business. Wentz was arrested at the dealership.
Officers found 19 grams of cocaine, which were individually packaged, at the home, where Eggen was arrested.
Wentz pleaded guilty in September to three counts of Class A felony delivery of cocaine, one count of Class Afelony possession of cocaine with intent to deliver, one count of Class Cfelony possession of drug paraphernalia, and one count of Class A misdemeanor possession of drug paraphernalia. In exchange for the guilty plea, seven counts of Class C felony possession of drug paraphernalia and one count of Class B misdemeanor possession of marijuana were dismissed by prosecutors.
Eggen pleaded guilty in September to one count of Class A felony possession of cocaine with intent to deliver, one count of Class Cfelony possession of drug paraphernalia, and one count of Class A misdemeanor possession of drug paraphernalia. Prosecutors dismissed five counts of Class C felony charges of possession of drug paraphernalia and one count of Class Bmisdemeanor possession of marijuana in exchange for the pleas.
Eggen and her attorney, Michael Hoffman, declined comment during the hearing Wednesday.
Reich sentenced Wentz to 15 years with 14 years suspended and five years of supervised probation on each of the Class Afelony charges. He also sentenced him to five years with four years suspended for the Class Cfelony and one year with six months suspended for the Class Amisdemeanor. The six sentences will be served concurrently.
Wentz also has to pay $1,025 in court fees and $300 in restitution to cover what the police informant paid for cocaine in the controlled buys by law enforcement.
Reich sentenced Wentz to suspended sentences of 15 years, five years and one year for the three crimes with which she was charged. She will be on supervised probation for five years and must pay $1,025 in court fees.
Dickson said Wentz has been in chemical dependency treatment since his arrest last year and has had no issues. Wentz said he has been drug free for 13 months.
After the hearing, Dickson said he felt Wentz would have been a good candidate for supervised probation rather than prison because he has put in an effort to get off of drugs.
The one-year sentence for Wentz was a typical sentence recommendation for someone involved in repeat drug deliveries who has no prior criminal history, Feland said.
"We put him in the same category as anyone who has multiple delivery issues," she said.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)
Posted in Local on Wednesday, March 19, 2008 7:00 pm Updated: 2:21 pm.
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