Published: June 03, 2009 10:53 pm         

Judge orders pre-sentence report in Decker meth case

Ex-official appears in court to review plea agreement

TERRE HAUTE — It could be August before former Vigo County commissioner David Decker learns whether he will spend five or 10 months in prison on federal drug charges.

Federal Judge William T. Lawrence ordered a pre-sentence report at the conclusion of Wednesday’s 30-minute hearing to review a plea agreement filed in U.S. District Court, Southern District of Indiana.

A pre-sentence report usually takes 70 days to complete, and will look at criminal history and other factors in considering a criminal penalty.

In the plea agreement, Decker admits to distributing 3.25 grams of a mixture containing methamphetamine. The amount is one-eighth of an ounce, known as an “eight ball.”

His charge stems from a federal investigation that alleges Decker sold meth on or about Nov. 8, 2008. That investigation tied Decker to a methamphetamine trafficking group that has 24 other suspects also facing federal charges.

Decker, 53, appeared with defense attorney William Smock to review the points of the plea agreement, and to acknowledge he is waiving his right to a grand jury indictment.

In exchange for his guilty plea to distributing methamphetamine, Decker agreed to resign as county commissioner and to provide financial information as requested for collection of any fines imposed by the court. The agreement calls for a minimum of five months in prison, with a maximum of 10 months behind bars. The judge will have discretion with five months of the sentence, either to impose jail time or order Decker to serve community service or home detention.

Assistant U.S. Attorney Bradley A. Blackington has said he will argue for Decker to serve 10 months in prison.

During the sentencing hearing, Decker has the right to have witnesses testify on his behalf. The court will announce a date for that sentencing hearing.

Decker remained free on his own recognizance following Wednesday’s hearing, and left the federal court building with his attorney. Both men declined when asked by media if they wanted to comment.

Decker became a county commissioner in 2007, and was selected the board’s president in January 2008. He resigned his seat in April. Prior to that, Decker served on the Vigo County Council from 2000 to 2004. He also has more than 20 years of teaching experience, serving as an educator at Terre Haute South Vigo High School.



Lisa Trigg can be reached at (812) 231-4254 or lisa.trigg@tribstar.com.

     

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