Local man gets probation in marijuana case

Sixth Judicial District Judge Mark Ward on Monday sentenced David N. Woodall to 18 months probation for selling marijuana in March.

Ward also ordered Woodall, 47, Fort Scott, to perform 40 hours of community service, pay court costs, attend alcohol and narcotics anonymous, and follow recommendations of his drug and alcohol counselor. He also must stay away from drugs or alcohol, and submit to random drug and alcohol testing.

In addition to being on intensive supervised probation with community corrections for the one year and six months, he'll serve another 2 years of post-release supervision, Ward ordered.

If Woodall violates terms of the probation, meaning if he is charged with another felony, he'll serve 2-1/2 years in state prison.

On March 16, Fort Scott Police officers arrested Woodall and three others at 316 Heylman St. They served a narcotics search warrant. Officers found 150 grams of marijuana, a digital and hand-held scale and sandwich bags. Those items led authorities to believe he was selling the drug.

The warrant stemmed from a narcotics investigation by police detectives.

The Bourbon County Attorney's Office charged him with three felony counts of simulated controlled substances and drug paraphernalia. Also, he was charged with one felony count of the sale or distribution of marijuana and three counts of no tax stamp.

In July, he pleaded no contest to the sale charge. But Ward determined that based on facts of the case that there's enough to change the plea to guilty, according to court documents.

Bob Farmer, Woodall's attorney, told the court that his client as well as the community is "better served" with Woodall continuing drug treatment rather than serving prison time.

"Granting defendant probation and requiring that defendant attend counseling and follow any recommendations of his counselor would result in a far better opportunity for the defendant to become a productive member of society rather than imposing a prison sentence," Farmer wrote in a motion to Ward asking for probation.

Bourbon County Attorney Terri Johnson said she doesn't have a problem with Farmer recommending probation, provided that Woodall complete a drug and alcohol evaluation and follow the suggestions of his substance abuse counselor. He agreed to those stipulations, which were included in the plea agreement.

Woodall told the judge he hasn't used drugs since March. He apologized for his actions.

Ward's sentence largely came from the Kansas Sentencing Guidelines. A presentence investigation determined Woodall's criminal history. His prior history includes three felony convictions for selling and possessing marijuana.

The defendant's criminal history placed him in the "border box," area, which means a presumptive prison sentence. However, that gives the judge discretion to decide on prison or probation.