1. La Plata, MD – On Wednesday, Oct. 28, for Charles County Circuit Court Judge Amy J. Bragunier had a peculiar case where a couple appeared before her on the same charges of possession of marijuana with intent to distribute. Jerald Denell Lay, 28, and co-defendant Alicia Renee Turner, 21, both of Indian Head, were arrested March 6 after a Charles County Sheriff’s Office deputy approached their parked car and discovered marijuana in the vehicle.

“Your honor, there were three small children in the vehicle,” Charles County Assistant State’s Attorney Tiffany Campbell told Bragunier. “The co-defendant in this case is receiving suspended time. Mr. Lay is taking the brunt for this incident.”

“Mr. Lay lives with his mother,” defense attorney Leonard Casalino told the court. “His mother works for Homeland Security. His father died of a heart condition.

“The statement of facts in this case was pretty accurate,” he admitted. “Children were in the car with their mother. There was marijuana in the car. Police found seven small baggies. The couple don’t live together, but they have one minor child together. There was never any problem at the scene. She told the officer that there was marijuana in the car. She told him they sell it to supplement their income.

“He has never been on probation,” Casalino stated. “He stands before the court and acknowledges what he has done. He is totally a candidate for probation. He helps support the other two children. Their father has no relationship with them. He has worked consistently.”

Lay told Bragunier that if the judge could give him a window of time before he reported to jail, he would be grateful.

“I would like to take my daughter trick or treating,” he said. “Her birthday is Nov. 7.”

The defendant told the judge he had smoked marijuana since he was 13.

“Is that why you’re still living with your mother?” Bragunier asked him. “What are you going to do about it?”

“I’m going to stop [smoking],” he said.

“How are you going to do that?” Bragunier queried.

“I’ve already stopped,” Lay responded.

Bragunier sentenced the defendant to three years, but told him she would suspend all but six months and gave him two days credit for time served. She said she would also grant work release and allowed him to report Feb. 1 to attend his daughter’s birthday party and added three years of supervised probation.

“You need to grow up and get out of your mother’s house,” she added. “Marijuana is clearly a factor in that.”

Then it was Turner’s opportunity to appear before the court. Charles County Assistant Public Defender Gabrielle Green told Bragunier that Turner also lives with her parents.

“Her children depend on her,” Green said.

“I don’t want to go down this road again,” Turner told Bragunier.

She told the judge she has found a job at a local grocery store and intends to go to school at night while her parents watch the children.

“That sounds like a plan,” Bragunier said. “Per your agreement with the state, I’m giving you three years, but I am going to suspend that sentence and put you on three years of supervised probation.”

She also ordered Turner to have an assessment. She said she would consider granting probation before judgement once the defendant has completed substance abuse treatment.

Contact Joseph Norris at joe.norris@thebaynet.com