Wanda English Burnett, Editor

On behalf of the state, Prosecutor Ric Hertel asked the court to sentence James Dobbs, 33, of Osgood, to 40 years in prison for dealing drugs.

Judge Carl Taul came close to that request when he handed down 40 years with only five suspended and 370 days credit for actual time served in the local jail.

The sentencing took place Wednesday, August 27 at 10:30 a.m. in the circuit court. Two separate juries had found Dobbs guilty on separate Class A felony charges, one on July 17 for Possession with Intent to Deliver Cocaine, another on July 31 for Dealing in Cocaine and Conspiracy to Deal Cocaine. A Class A Felony carries a sentence of 20-50 years in prison.

Defense counsel John Watson asked the judge for leniency referring to a letter submitted to the court from the defendant. In the letter he noted that Dobbs had made “frank and detailed” statements about his long history of drug use and what it had done to his life. He noted that Dobbs had lost a child, had no place to live and “drugs took over his life.”

The defense referred to a doctor’s report that was submitted saying Dobbs has been diagnosed with an anti-social personality disorder. Watson said that diagnosis coupled with drug abuse and depression led Dobbs to the place he sat in the courtroom. He noted that the letter submitted by Dobbs asked for mercy and offered an apology “for a life that’s been wasted.”

Prosecutor Hertel argued that the defendant’s criminal history, while some of it was misdemeanors, and his lack of remorse should be considered when the judge made his decision. He said, “Frankly, the state is skeptical of the proposed remorse (by Dobbs).” He read from the letter the defendant wrote quoting him saying he was “helping people with their vice and mine as well,” when he was dealing drugs. “Essentially he saw himself as a good Samaritian,” Hertel told the court.

Hertel continued by saying that Dobbs shows a pattern of non-compliance by having a child taken from his custody, and not paying support on another for the past two or three years. He further noted the defendant hadn’t been employed since 2005.

The prosecutor too read from the doctor’s diagnosis report saying Dobbs’ behavior was “aggressive, intimidating,” and that he “blames others.” Hertel noted the state believes the letter created by Dobbs was merely an effort to minimize his sentence.

Judge Taul also referred to the doctors’ report quoting Dobbs as being “significantly less than honest...history of deceit.” He said that summed up the court’s impression of Dobbs’ attitude. He questioned the sincerity of his remorse and honesty of the letter he wrote.

He said while his past criminal history did include misdemeanor arrests, the court would consider the number of arrests as evidence of the defendant’s character. He further noted that being anti-social was not a mental health issue, rather describing the “way he (Dobbs) is, which is unfortunate.”

Before handing down the 40 year sentence the judge said he considered the defendant’s lack of regard for the law, and his disinterest in changing. He said right up until the date of sentencing Dobbs showed no remorse and didn’t admit he had a problem or had violated the law. “It makes the court doubt his sincerity,” he noted.

Prosecutor Hertel told The Versailles Republian, “I’m glad the court saw through the defendant’s ruse guised in remorse. Based on all of the evidence including two jury trial convictions, it’s clear that it was a sham.”

The court proceeding ended with Watson saying his client wanted to appeal the case. Judge Taul appointed Leanna Wiseman as the appellate counsel.