Sentencing postponed for alleged meth dealer
April 12, 2013
The sentencing for an alleged methamphetamine dealer to two years in state prison was postponed in court Monday — in part because a visiting judge indicated he would not accept the plea agreement.
Mark Dewayne Bowden, 33, was set to be sentenced in a 2012 arrest, when he was pulled over and found with nearly 2 pounds of methamphetamine.
Bowden was subsequently arrested in February, and recently was indicted on federal charges in that case.
And he was arrested for a third time last week, also allegedly for being in possession of meth for sale. The federal authorities likely will indict him in that arrest as well, said Nevada County Deputy District Attorney Jim Phillips.
Bowden was set to be sentenced Monday on one count of possessing a controlled substance with intent to sell for the 2012 arrest, which was called one of the largest methamphetamine seizures in Nevada County.
Deputy Public Defender Tamara Zuromskis asked the court to postpone that sentencing in Nevada County Superior Court, in part because her client was not feeling well — and because a visiting judge, Ersel Edwards, was sitting on the bench.
Bowden's plea agreement had been taken by Superior Court Judge Tom Anderson, and he had not waived his right to be sentenced by the same judge.
Edwards indicated he would not go along with the plea in any case, prompting Phillips to ask him if he thought the agreement was too lenient, or too harsh, and noted it was a mid-term stipulated sentence.
"I'm an old-fashioned guy," Edwards said, referring to the fact that Bowden was caught with 2 pounds of meth. "What can I tell you?"
Edwards postponed Bowden's sentencing to April 15; he is also set to enter a plea on that date for his most recent arrest.
Bowden was pulled over by a Nevada County Sheriff's deputy at 1 a.m. Wednesday on Highway 49 near the Sacramento Street exit. His truck was searched, and deputies allegedly located 81.5 grams of methamphetamine in his backpack, as well as packaging material. A complaint was filed charging him with possession of a controlled substance, transportation of a controlled substance, possession for sale and possession of an opiate with bail enhancements of a prior conviction and committing a felony while on bail.
"The U.S. Attorney's office has said they expect to take that case," Phillips said Monday after the hearing.
That case is in addition to an indictment and federal arrest warrant for a Feb. 12 arrest. Bowden was pulled over by a Sheriff's Narcotics Task Force member after he was spotted driving in the Glenbrook Basin area; a search allegedly found approximately 2 ounces of meth with an estimated street value of $1,600.
Assistant U.S. Attorney Olusere Olowoyeye issued an indictment in late March charging Bowden with possession with intent to distribute methamphetamine, with a forfeiture allegation. According to the indictment, Bowden faces a maximum of 40 years or a fine of $5 million or both, as well as at least four years parole.
He currently is being held in county jail without bail.
To contact Staff Writer Liz Kellar, email email@example.com or call 530-477-4229.