Wardlaw sentenced to 40 months to 20 years for intent to deliver cocaine
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ALPENA -- Troy Wardlaw, 57, was sentenced to 40 months to 20 years for possession with intent to deliver over 400 grams of cocaine on Tuesday in the 26th Circuit Court in Alpena.
Wardlaw was a passenger inside a vehicle pulled over by the Michigan State Police (MSP) on Sept. 28 of last year. Approximately 425 grams of cocaine were found in the vehicle.
Wardlaw possessed 425 grams of crack cocaine and over $2,000 cash when he was arrested. That amount equates to approximately one pound of cocaine.
At the start of the sentencing on Tuesday, Defense Attorney Bill Pfeifer requested an adjournment of the matter until Wardlaw could get a scheduled surgery.
Alpena County Prosecuting Attorney Cynthia Muszynski said that she did not think the justice system should be put on hold for a surgery that was set up when Wardlaw's case was already pending and knowing that prison was a likely outcome.
Judge Ed Black agreed with Muszynski, saying that stalling the sentencing for the surgery would presumably mean stalling it for the rehabilitation period.
Pfeifer argued to stay within the sentencing guidelines, which were set at 24 to 40 months in prison. Sentencing guidelines are based on a system of points assigned to offense variables to categorize the seriousness of a crime.
Pfeifer said that Wardlaw completed 60 days of residential treatment early on in the case and that there is concern about whether Wardlaw will get the medical care he needs in the Michigan Department of Corrections (MDOC).
Wardlaw said he made a mistake and he learned his lesson.
"It was a wake up call to me," he said.
Wardlaw said that since rehab, he is clean from using drugs.
Muszynski argued that Wardlaw should be sentenced at the higher end of the guidelines.
She discussed an affidavit from July 29 where a home in Alpena was surveilled by the Huron Undercover Narcotics Team (HUNT). Wardlaw was seen at the house. A search warrant was executed there and drugs were found at that house. The person that owned the home was charged with maintaining a drug house and possession.
Pfeifer said that he had been informed by Wardlaw that although he was at the house, Wardlaw tested negative for drugs when tested by HUNT there.
Muszynski said that at Wardlaw's arrest, he admitted to being the known man for individuals to receive drugs from.
She said that Wardlaw was a source of cocaine for the Alpena area and when he was arrested he admitted that he paid $4,500 for the drugs that were found on the day of his arrest. He also admitted that he makes trips downstate to buy cocaine and distribute it in Alpena.
"This is one of the bigger amounts of cocaine...that has been found in our particular area," Muszynski said.
Black said this is the most amount of drugs he has seen in a case, whether on the bench or elsewhere.
"We've given people far more than 40 months that frankly don't have the amounts that are involved in this case," Black said
He handed down the sentence of 40 months to 20 years.
"In this case, as I said, this is a substantial amount for this community, and I think to that extent that I can send a message. I am sending a message," Black said.
Reagan Voetberg can be reached at 989-358-5683 or rvoetberg@thealpenanews.com.