Brice Allen Barnard pleaded guilty to unlawful possession of a controlled substance for sale. His attorney Rendal Miller requested the judge to approve a diversion program for Barnard and that he be allowed into drug court.
Deputy DA Kevin Pasquale agreed that drug court would be beneficial for Barnard but said having his felony conviction diverted was not appropriate. “This case started out as possession for sale of both methamphetamine and heroin,” Pasquale said. “I think this young man went beyond the point where diversion would be appropriate.”
Barnard said he hoped to be admitted into the drug court program whether Judge Montero was willing to divert his felony conviction or not. Barnard said he had hoped for diversion so that he could keep his license to deal with explosives in the mining industry.
Montero said “There are a lot of people on diversion who are not able to keep that explosives license.” He added, “That’s an ATF [Bureau of Alcohol Tobacco and Firearms] issue, not mine.”
“This isn’t who I am,” Barnard told the judge. “I went through a rough patch in my life but none of this represents who I am.” Barnard said he had no intention of repeating the actions that led to his arrest.
Montero said the synopsis of Barnard’s case showed there was a very significant quantity of drugs located in his home.
“You’re 29 years old with a limited criminal record. This appears to be your first adult arrest but it’s a significant one,” Montero said.
He did not grant the request for diversion but convicted Barnard of both possession of drugs and possession for sale, category D and E felonies.
Barnard was sentenced to consecutive 12-32 month terms in prison for each count. The sentences were suspended and he was placed on a five-year term of probation.
The judge ordered Barnard to be kept in jail until the next drug court, to be held on January 8.
