McAlester News-Capital, McAlester, OK

Local News

August 9, 2008

Former prison guard faces multiple suspended sentences

By James Beaty

A former lieutenant at Oklahoma State Penitentiary has avoided going to prison himself after pleading guilty to a series of felony drug charges.

Marion Bess, 44, of Haywood, had faced life in prison on one of the charges filed against him.

Now, he faces multiple suspended sentences.

Other charges have been dismissed on motions filed by District 18 District Attorney Jim Bob Miller’s office, according to court documents.

Bess, represented by McAlester attorney Warren Gotcher, entered the pleas before District Judge Thomas Bartheld at the Pittsburg County Courthouse. He had been scheduled to face trial on the August jury docket.

Among the charges to which Bess pleaded:

• Possession of a controlled substance, methamphetamine. The charge had accused Bess of possessing methamphetamine on Feb. 1. Bartheld set a five-year suspended sentence and ordered Bess to complete a drug program.

The prosecution dropped charges of unlawful possession of drug paraphernalia, driving in a manner not reasonable and proper, and operating a motor vehicle with an expired tag.

• Conspiracy to deliver/manufacture/possess a controlled dangerous substance — which carries a sentence of from seven years to life — and unlawful use of a communication facility, meaning a telephone.

Those charges had been filed on July 5, 2007. After Bess pleaded to the charges, Bartheld sentenced him to 10-year suspended sentences on both counts, with the sentences to run concurrently, or at the same time, and with the first two years supervised. This sentence also carried a requirement that Bess enter a drug treatment program.

• Possession of a controlled substance, methamphetamine. This charge accused the former correctional officer of possessing methamphetamine on June 10 of this year. The judge set a five-year suspended sentence.

The prosecution dropped charges of driving with license suspended, failure to signal on turning and failure to pay taxes due state.

Bess was also ordered to pay the cost of incarceration and court costs on the charges to which he pleaded.

Contact James Beaty at jbeaty@mcalesternews.com.

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