USA: Addict sentenced amid protest

A 35-year-old methamphetamine addict was sentenced to 25 years to life in prison Friday as a judge said voters mandated the term when the "three-strikes" ballot measure was enacted in 1994.

As emotions erupted around him, Randall Anthony Severdia of Novato was stoic as he heard the ruling by Marin Superior Court Judge Stephen Graham. He briefly looked at a courtroom full of family, friends and sobriety supporters.

His mother, Helen Severdia-Lux of Novato, burst into sobs as Graham read the terms of his judgment. Others wept quietly, and one woman stormed out of the courtroom, saying she couldn't listen anymore.

The sentencing capped a tense morning during which Severdia's supporters vowed that he was a changed man since he was incarcerated in August and joined a 90-day jailhouse drug recovery program in the unit known as C Pod.

He has since graduated and volunteered to work with other inmates struggling with addiction. The defense hoped Graham would strike the previous crimes and grant him treatment and parole.

Severdia was arrested Aug. 3 for evasion of a police officer, having stolen property and possession of methamphetamine. He pleaded guilty to felony evasion and admitted to two prior residential burglaries and a bank robbery.

Deputy District Attorney Murat Ozgur said Severdia passed a California Highway Patrol officer as he was speeding down Highway 101 during the morning commute. He was wearing a helmet with the word "criminal" on it and stickers that looked like bullet holes. On his jacket was the number 415, a reference to the penal code for disturbing the peace.

Ozgur said the officer followed Severdia to the Sausalito exit, where he ran a red light on Bridgeway, turned around and entered the northbound lanes of the highway, accelerating to more than 120 mph.

He exited on Paradise Drive in Corte Madera and drove the wrong way down Redwood Highway. Officers found Severdia lying in ivy on Tamalpais Drive near Highway 101. The motorcycle, which had been stolen, was on the ground with a flat tire.

"The defendant's criminal history is long and extensive," Ozgur said. "The defendant has a juvenile history in Marin County that spans back to 1984."

Severdia's bank robbery conviction sent him to state prison for three years and eight months. "The defendant is posing as someone who is now ready to change," Ozgur said. "The fact of the matter is the defendant is a criminal - the defendant should not have the benefit of these strikes being stricken."

Defense attorney Scott Guite noted that his client's strikes were committed in or before 1992. He said probation officers had determined at the time that Severdia was in need of treatment for drug dependency but found it would be useless.

"I agree with that, at that particular point in time, he was out of control - immature," Guite said. "It seems to be unanimous that at this point in his life, it would do him some good. He is doing everything he can possibly do in C Pod and trying to help others."

Standing before the court, Severdia spoke slowly, telling Graham he was nervous. "I'm just kinda glad I'm feeling at all," Severdia said, as tears welled and spilled down his cheeks. "I just want to apologize to my family and the officer I ran from, and, ah, just, I'm just not the same person I was when I came here.

"I'm just sorry."

In handing down the sentence, Graham addressed the spectators, saying he appreciated their attendance. "You need to understand, I can't make this up as I go along," Graham said. "I am dealing with two legal statutes that say I send Mr. Severdia to state prison. There are some exceptions that can be found in some cases."

Graham said that Severdia and Guite did an excellent job in negotiating with the district attorney's office and getting the charges down to one 25-years-to-life sentence instead of three. "It isn't that I get to do what I want. I am not here as a king or a legislator," Graham said. "The way the three-strikes law is written, I don't have a lot of slough room."

Graham, a former federal drug prosecutor, said the three-strikes law was written for public protection. "I cannot honestly say that I find sufficient good reasons to justify a deviation from the statute," Graham said.

Outside the courtroom, Severdia's mother was stunned.

"I'm kind of in shock. I just can't believe it," Severdia-Lux said. "None of Randy's crimes were violent - they all had to do with the fact that he was on drugs."

She noted he has a newborn and added the judge was "just so harsh and uncompassionate."

Brother Ron Severdia, 37, of Mill Valley said the family would meet with Guite to consider filing an appeal.

Newshawk: http://www.napnt.org/amphetablog.html
Pubdate: Sat, 22 April 2006
Source: Marin Independent Journal (California, USA)
Author: Nancy Isles Nation
Website: http://www.marinij.com/marin/ci_3739269