HUTCHINSON, Kan. — A 42-year-old man convicted in a 2012 case involving the distribution of drugs was granted community corrections late Friday afternoon after a long sentencing hearing, mainly because of witness was called by the defense as part of a motion for a departure.
Mark Alan Wells was granted three years community corrections on a roughly 12-year sentence. He was convicted in a case from Nov. 8, 2012, after the Reno County Drug Unit served a search warrant on a 2012 Ford Focus. Wells had pulled up to a residence in the 1000 block of North Washington and as they searched the trunk, they found several zip-lock bags of methamphetamine, about 400 grams all together. There were also additional bags used for packaging. Wells allegedly had a glass pipe on him with residue in his pocket.
The defense argued that he should receive a non prison sanction because he’s gay and argued that as a drug addict, he faces pressures that a straight person doesn’t. Testifying via Skype from California was Kenneth Howard. He’s also gay and says he counsels gays including those who are addicted to drugs. He suggested the non-prison sanction and suggested having Wells attend gay specific treatment would be more appropriate then prison.
Some of pressures Howard talked about for gays was bullying, gay bashing and discrimination that leads many gays to use drugs such as methamphetamine and a coping mechanism, but in his report based on conversations he had will Wells, it indicates that Wells didn’t really suffer those things all that much even living in a small mid-western city like Hutchinson.
Interestingly, Wells has another case pending in front of Judge Joe McCarville. In that case, he’s charged with sale of methamphetamine and using a communications device to make the drug transaction. That case which goes back to January 16, 2013 is scheduled for a preliminary hearing on Monday.