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Police Criticize 4 1/2-Year Drug Sentence

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TIMES STAFF WRITER

In a decision that dismayed police and prosecutors, a federal judge Monday sentenced a former convict who confessed to selling drugs near a Pacoima school to 4 1/2 years in prison.

U.S. District Judge Terry J. Hatter Jr. ignored the provisions of a 1991 agreement in which Bobbie Marshall pleaded guilty in exchange for a 14-year prison term. On Monday, Hatter also reduced the sentence far below an amount later agreed upon by himself, prosecutors and defense lawyers.

According to Assistant U.S. Atty. Steven Madison, the judge was impressed with the amount of public service work Marshall had performed since his arrest. But Hatter’s view was not shared by Los Angeles police.

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“We feel betrayed by the U.S. attorney’s office,” said Los Angeles Police Detective Everett Berry, who arrested Marshall.

Madison said his office may appeal the sentence, which was half of the nine-year term his office had agreed to. Because Marshall was in custody for 18 months awaiting trial, his sentence was further reduced.

Marshall was charged in a nine-count indictment after his arrest in 1989 for selling crack cocaine from his home across the street from Vaughn Learning Center in Pacoima. At that time he faced a life term without possibility of parole because of three prior state drug dealing convictions, Madison said.

Under the deal made in 1991, Marshall pleaded guilty to a single felony count of possession of crack cocaine with the intent to distribute near a schoolyard, in exchange for a 14-year federal prison term. Marshall’s lawyer, Denise Meyer, could not be reached for comment.

In the years since he was freed on bail, Marshall has become a community activist, Madison said, leading prosecutors to agree to the further reduction in his sentence to nine years.

“He performed laudable community work and he is on the way to rehabilitating himself,” Madison said.

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“This case is very unique,” Madison said. “The judge took a chance on him (Marshall) and it worked out.”

Based on Marshall’s record of service, prosecutors also decided not to object to repeated decisions by Hatter to postpone sentencing.

Marshall helped the children at Vaughn Learning Center by speaking about drugs and gang violence.

Yvonne Chan, principal of Vaughn, said she was shocked to learn that Marshall had admitted selling cocaine near her school.

“I must have seen Bobbie’s good side,” Chan said Monday. “He has not done anything to hurt this school or the children.

“Has he done everything he can for the community? Yes. Can I vouch for the good work he did for the past three years? Yes,” the principal said.

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