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The Leavenworth Times - Leavenworth, KS
  • Defendant had “get high” on his to-do list

  • A Leavenworth man who had “get high” on his to-do list has been sentenced to more than four years in prison for multiple drug crimes and other charges.
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  • A Leavenworth man who had "get high" on his to-do list has been sentenced to more than four years in prison for multiple drug crimes and other charges.
    Justin Toms-Gardner, 22, was sentenced Friday in three cases to a total of 51 months in prison.
    He was sentenced for 15 charges including possession with intent to distribute drugs such as methadone, hydrocodone and marijuana as well as driving under the influence and attempting to leave the scene of an accident, according to Assistant County Attorney Adam Zentner, who prosecuted the cases.
    In one of the cases, Toms-Gardner was arrested Nov. 27 2011, in Leavenworth after he rammed his truck into a wood utility pole, according to Zentner and court records.
    "It was broken clean in half," Zentner said during the sentencing hearing.
    He said two adjacent utility poles were pulled out of their foundations.
    Witnesses saw Toms-Gardner remove a backpack from the truck and hide it in a nearby yard. They helped police retrieve the backpack, according to Zentner.
    When investigators opened the backpack, they discovered the bag's interior had been modified and filled with drugs. They also found several portable digital scales and small plastic baggies.
    Police also found ledgers detailing drug transactions and Toms-Gardner's to-do list. "Get high" was item No. 5 on the list, according to Zentner.
    Several weeks later, Toms-Gardner, who was free on bond at the time, was arrested for trespassing and was found to be carrying methamphetamine packaged for sale, according to Zentner.
    Toms-Gardner entered into a plea agreement last month. As part of the plea agreement, the prosecution agreed not to file charges in additional cases against the defendant.
    "He's getting a huge break," Zentner said Friday.
    During the sentencing hearing, Toms-Gardner's attorney, James Colgan, unsuccessfully argued for his client to be placed on probation with the requirement that he receive treatment.
    Toms-Gardner also was ordered to pay $8,000 in restitution for damage to the utility poles.
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