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Jail time levied for prescription fraud, handgun violation

Byron Donald Green

Leonardtown, MD -- A Lexington Park man has been sentenced to 18 months in jail after pleading guilty to prescription fraud and a handgun violation. Byron Green, 33, was sentenced April 30 in St. Mary’s County Circuit Court by Judge David Densford.

Green was sentenced to two years in jail for the prescription fraud charge. All but 18 months was suspended. He was sentenced to three years on the handgun charge. All but 90 days of that was suspended and the two sentences are to run concurrent. Green was given credit for 120 days he has spent in jail.

The state sentencing guidelines called for two-to-three years in jail on the charges, but State’s Attorney Rick Fritz didn’t object to the 18-month sentence so Green could be jailed locally at the St. Mary’s County Detention Center.

Green at the time of his arrest in December, 2012 was identified by the St. Mary’s County Sheriff’s Department as a distributor of oxycodone. He was arrested after execution of a search and seizure warrant. A charge of possession with intent to distribute narcotics was dropped as the result of Green’s plea.

Green’s attorney Ralph Warren, Sr. of Largo said his client became addicted to Percocet and oxycodone while being treated for hernia surgery. He said his crimes were to pay for his habit.

Warren said the handguns found in a bag in Green’s car belonged to his uncle who was starting a security company in North Carolina. Warren said that Green’s mother had asked him to dispose of the guns that had been in her house.

Letters of support were supplied to the judge from Green’s girlfriend, mother and grandmother. Warren said they painted a picture of a “generous and kind gentleman.” He added, “He really is not a danger to the community. You do crazy things to support your habit.”

Warren said his client’s attempts to secure employment had been thwarted by his criminal record but that he was trying to secure a union apprenticeship in one of the construction trades.

But Judge Densford meticulously went over the pre-sentence report by the Department of Parole and Probation that showed Green had been charged with a handgun violation previously in the District of Columbia and that he was still on probation for that charge.

The pre-sentence investigator reported that Green refused to talk about aspects of his childhood, particularly his relationship with his father. He explained having the handgun in D.C. that he lived in a rough neighborhood and was “a child of the 80’s.” Densford said he was concerned about those comments.

Green has two children. “I have learned a lesson,” he told the judge. “All I want is to be home with my kids.” Densford said his home life and society were endangered by possessing guns and until he addressed his addiction.

“You are at a crossroads today and you are going to decide what road to take,” the judge told Green.

Judge Densford said he would authorize work release for Green after he had served 30 days of his sentence. He noted that with the 120 days of jail time credit he could be released before the end of the year. He will be on five year’s supervised probation after release.

The judge warned Green that if he violated the terms of the agreement, including possessing guns or testing positive for drugs, he will be sent back to jail to serve the suspended portion of his sentence.

Contact Dick Myers at dick.myers@thebaynet.com

 

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