Two men were sentenced in Kosciusko County Circuit Court this morning on methamphetamine charges.
Terry Lee Kirkwood, 55, of 11548 N. Ind. 13, Syracuse, and Gary William Golday, 44, of 411 N. Parker St., Warsaw, sat before Judge Rex Reed for judgment this morning.
Reed accepted both plea agreements.
In Kirkwood’s case, Reed sentenced him to six years in prison for dealing in methamphetamine, a Class B felony, which is the mandatory minimum by state law. Kirkwood was given jail time credit of 448 days, ordered to pay a $200 drug interdiction fee, $100 fine and court costs of the action.
Reed also ordered, per the plea agreement, that count two, possession of methamphetamine, a Class D felony, and count three, possession of two or more chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony, be dismissed.
Golday was sentenced to one year in prison for possession of methamphetamine, a Class D felony. Golday was credited 190 days jail time and ordered to pay a drug interdiction fee of $200, a $100 fine and court costs.
Additionally, Reed dismissed count one, dealing in methamphetamine, a Class B felony, and count three, possession of two or more chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony.
Thomas Earhart was the defense attorney representing both cases.
In the Kirkwood case, Earhart argued that by entering into the plea Kirkwood accepted his actions. Earhart also argued that the length of time between priors in the case was a mitigating circumstance as well as this being Kirkwood’s first drug-related charge. In light of the mitigators, Earhart asked the court suspend the mandatory minimum sentence of six years.
In the Golday case, Earhart brought attention to the fact that within the pre-sentence investigation report it was not noted that Golday served in the Navy.
“It is important because you know I go soft on old Army guys, but sometimes I go soft on Navy guys,” Reed said. “Not very often though.”
Earhart also argued that Golday accepted responsibility for his actions in this case and in others. Earhart additionally informed Reed that Golday has other criminal matters pending and they tend to have a good effect on his life.
“He is under significant supervision,” Earhart said. “If the court would grant him probation, not only would he be under the supervision of this court, but he would also be under the supervision of other agencies.”
Earhart then asked Reed for a suspended sentence on behalf of Golday.
In Kirkwood’s case, Prosecuting Attorney Dan Hampton argued that Kirkwood’s criminal history spoke for itself, even though he has led a law-abiding life for a substantial amount of time. It leaves the court with no option but to issue a mandatory sentence in the matter.
Hampton argued that meth cases are serious and that the plea was written in such a way to take into consideration the acceptance of responsibility.
In the Golday case, Hampton argued that the State of Indiana took into consideration the acceptance of responsibility when the plea agreement was written.
Reed informed Kirkwood that the probation officer recommended the advisory sentence of 10 years in his case. Reed also said that he had no problem with that recommendation, but on the other hand if he was looking at a Class D felony he wouldn’t be looking at a mandatory minimum of six years.
“I can take that under consideration and I really intend to do so,” Reed said.
In the Golday case, Reed told Golday that he should be more selective with his friends and less accommodating on what he allows in his house.
“I believe there has been adequate consideration given to the mitigating circumstances, the fact that you have children and dependents that will suffer because of your incarceration,” Reed said. “I think that the aggravating circumstances outweigh the mitigators.”
After sentencing both Kirkwood and Golday, they were remanded to the custody of the sheriff of Kosciusko County, before they are transported to the Indiana Department of Corrections to serve their sentence.
