CEDAR CITY — Three men who pleaded guilty to drug trafficking charges have each been sentenced to prison.
In separate hearings conducted via videoconference on July 11, 5th District Judge Matthew L. Bell sentenced Jose Garcia, 23, and Jose Angel Luevanos, 26, each to serve one term of 1-15 years at the Utah State Prison.
Then, one week later, a third co-defendant, Steve Fierro, 25, received the same sentence from Judge Bell.
As previously reported in St. George News / Cedar City News, the trio were arrested in March when a Utah Highway Patrol trooper pulled over their vehicle for a window tint violation. A subsequent search of the vehicle yielded approximately 60 pounds of methamphetamine.
Each of the three men pleaded guilty to a single count of possession of a controlled substance with intent to distribute, a second-degree felony.
During the July 11 sentencing hearing, Garcia’s attorney had requested leniency, noting his client’s lack of a criminal record.
“Garcia has absolutely no prior criminal history, given his age, and given the fact that while he was in fact transporting drugs, he did not have the knowledge of the extent of the drugs,” defense attorney Matt Munson told the judge during the hearing. “He was unaware of how much there was.”
Munson then asked that instead of prison, his client be sentenced to up to 364 days in jail, followed by probation.
Garcia also addressed the court, saying, “I want to start off by saying that I’ve had a lot of time to think about my past mistake and regret it. That day of my arrest is not what I do or who I am. Me and my family have never been involved with drugs.”
However, during his statement to the court, prosecutor Shane Klenk argued that a prison sentence was appropriate, given the quantity of the drugs involved.
“The defendant was involved in the transportation of nearly 60 pounds of methamphetamine into Utah,” Klenk said. “This is a significant pipeline case. And despite the fact that the defendant has a lack of recorded criminal history, the state argues that the societal response to the quantities of dangerous drugs involved in this case should be severe.”
“The defendant is fortunate that this case was not taken by the U.S. Attorney’s Office,” Klenk added.
The judge agreed, saying that the men had caught “a big break” by not having their cases picked up at the federal level.
“You and your co-defendant(s) are quite fortunate this case wasn’t prosecuted federally,” Bell told Garcia just before handing down the sentence. “I don’t know the reasons for that. I don’t need to know. But you should know that if this case were to go federal, you would be looking at much longer prison time, with mandatory minimums available that would make even the Utah State Prison sentence, very likely, light by comparison.”
“This is a lot of methamphetamine,” Bell added. “The risk to the community is huge when you start talking about transporting this kind of quantity.
“You took a huge risk, all in an effort to make a buck. And it’s unfortunate because that risk is a costly one. You said that you would accept the consequences, and that’s what you have to be willing to do when you take the risks that you took. It’s a big risk. It’s not one that paid off.”
The judge, however, pointed out there was one factor working in Garcia’s favor.
“The good news, Mr. Garcia, is you’re young,” Bell said. “And if you’re sincere about putting this behind you and (pay) your debt to society, and then don’t go back to this life, you have much left to live.”
Bell waived all fines and fees associated with each of the sentences and gave all three defendants credit for time already served. How much prison time each man will end up serving will be up to the state Board of Pardons, the judge noted.
Iron County Attorney Chad Dotson said afterward that the prison sentences were appropriate.
“These individuals brought a significant amount of methamphetamine through our community,” Dotson told Cedar City News after Fierro’s sentencing.
“These drugs are dangerous and the social response must be swift and serious,” Dotson added. “They were paid a lot of money to transport this poison, now they are going to have to pay it back at the Utah State Prison.”
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