University of Virginia Library

Year Probation Set
For Drug Offender

By PAT GRANEY

Municipal Court Judge
Clinton E. Wingfield placed
second-year Engineering
student John Everson on one
year's supervised probation
yesterday morning for simple
possession of marijuana. Mr.
Everson and four first-year
students were arrested in
Maupin Dormitory Nov. 2 and
charged with possession of
marijuana.

Student Atty. Ted Hogshire
and Asst. Commonwealth's
Atty. John A. Dezio, jointly
asked the court to amend the
arrest warrant to state a charge
of simple possession of
marijuana, a misdemeanor.

Mr. Wingfield amended
the charge, and the defendant
pleaded guilty, and thereby
was eligible for probation
under the provisions of
Virginia Code Section 54-524
101:3 which states, "Persons
charged with first offense may
be placed on probation;
discharge."

Probation Under Supervision

The court placed Mr.
Everson on probation under
the supervision of the
Charlottesville Office of
Virginia Department of
Probation and Parole.

Mr. Hogshire and Mr. Dezio
also asked the court, "that if
the defendant be of good
behavior and fulfill the
obligations of his probation
until Dec. 12, 1973, he shall be
discharged from such
probation and this charge shall
be dismissed and shall not
constitute a record of
conviction against the
defendant."

However, "upon
violation of a term or
condition, the court may enter
an adjudication of guilt and
proceed as otherwise
provided," the Virginia Code
provisions stipulate.

"It is a common procedure
after we review a case," Mr.
Dezio said, "to ask for a
change of the charge from a
felony to a misdemeanor to
make a defendant eligible for
probation."

Passing A Pipe

Mr. Everson and the other
students were arrested when
University Security Officer
James H. Batten observed them
passing a pipe while sitting on
Maupin's second floor balcony.
The officer was on routine
patrol at the time.

Municipal Court Judge
Allan N. Spitzer ruled Nov. 28
for a continuance of the
students' trial. Three of the
first-year students, Valerie
Holmes, James Carswell and
Wayne De Blois, will appear
together Dec. 19.

First-year student Susan
Covey, who is represented by a
private attorney, will be tried
later this month or early next
year.

Mr. Dezio indicated that the
other students would also be
released on probation.

"It's my idea that if they all
plead guilty like this
defendant," he said, "we will
let them off under probation,
and will dismiss their case
provided they meet probation
requirements."