McAlester News-Capital, McAlester, OK

Local News

May 29, 2009

Former guard gets time out of county jail

By James Beaty

A former correctional officer who was serving a 90-day sentence in the Pittsburg County Jail is back in the facility after spending a few free days on the outside — although he’s not accused of committing any new offenses.

Marion Bess, 44, a former lieutenant at Oklahoma State Penitentiary, was released from the jail last Friday, before 90 days had expired. Then, he was booked back in the jail on Tuesday.

Asked what had happened, Pittsburg County Sheriff Joel Kerns said “I released him on a “two-for-one” program.

Because Bess has worked as an inmate trustee at the Pittsburg County Animal Shelter, Kerns said he was eligible for two days credit for time served for every day he worked.

“It’s at my discretion,” Kerns said of the early release.

However, Kerns said after the state Department of Probation and Parole learned he had released Bess from the county jail, he was contacted and asked to keep Bess in custody until Bess enters a treatment program.

Kerns said he understood that Bess had 60 days to report for a treatment program upon his release from jail. After learning of the Probation and Parole Department’s request, Kerns said he contacted Bess and told him to report back to the jail. Bess reported back on Tuesday, the sheriff said.

“Pardon and Parole asked us to hold him until he reports to the Keys for Life Program,” Kerns said.

Meanwhile, Bess’ attorney, Jeff Contreras, has filed a motion in Pittsburg County District Court to let Bess enter “an equivalent program,” the Second Chance Outreach Ministries in Vian. The matter is expected to be heard in court on June 10.

Bess had originally been sentenced on March 16 by District Judge Thomas Bartheld to serve 90 days at the Pittsburg County Jail as part of a plea bargain agreement with District 18 District Attorney Jim Bob Miller’s office.

Bess had been charged with three counts of violating his probation on previous drug-related suspended sentences.

The plea agreement also called for Bess to spend 60 days at the Howe Foundation, which has a treatment program for substance abuse, or in an equivalent facility. The agreement also called for two years of supervised probation.

Bess had previously been jailed in January on complaints accusing him of violation of a court agreement to report to a probation officer, of violating an agreement not to purchase alcohol or illegal drugs and of violating an agreement to pay a supervision fee determined by the Oklahoma Department of Corrections.

He had remained free on $30,000 bond until he had been sentenced in March.

Bess had avoided going to trial last summer following another plea agreement with the district attorney’s office.

In August 2008, Bess had pleaded to the following charges:

• 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 2008. 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.

In addition, Bartheld had ordered Bess to pay the cost of incarceration and court costs of the charges to which he pleaded in 2008.

Contact James Beaty at jbeaty@mcalesterenews.com.

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