HUTCHINSON, Kan. — A 42-year-old man convicted in a 2012 case involving the distribution of drugs and was granted community corrections because of depression for being Gay still won’t go to prison.
The state argued that Mark Alan Wells absconded from his corrections with his corrections officer testifying that she tried to call and e-mail him but didn’t get a response. However, she is the one that recommended the 60-day sanction and that he then be placed in an in treatment program.
Wells was granted the three years corrections on a roughly 12-year sentence which the state opposed then. Friday, Deputy District Attorney Tom Stanton argued to the court that he believed the sentence should be served, saying he was given a “huge opportunity” and then didn’t report to his corrections officer for months.
Defense Attorney Charlie O’Hara argued that he hasn’t committed any knew crimes and doesn’t believe he absconded. He suggested that his client would serve the 60-days. It should be noted that the Kansas Department of Corrections website has him listed as an absconder.
Judge Trish Rose went along with the recommendation for the 60-day sanction and will then place Wells on corrections for three years.
Wells 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-close 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.
He had another case pending also involving the sale of drugs, but the state dropped those charges while appealing the judges decision in this case.