Pot pushers busted at NIACC get deferred judgements
MASON CITY – Two Minnesota residents have both received deferred judgments after sentencing hearing for their part in distribution of marijuana following an investigation into NIACC student’s drug distribution activities by local law enforcement.
Samuel Harrison Foy was detained by local law enforcement on NIACC’s campus along with three others on January 17th for illegal drug distribution activities following the investigation. Marcus Allen Chisholm later turned himself in at the Mason City Police Department.
Marcus Chisholm was accused of delivery of marijuana on September 29th and again on October 20th, 2011.
Samuel Foy was accused of delivery of marijuana on October 20th, 2011.
Marcus Chisholm had initially pled not guilty to the accusation but entered into a negotiated voluntary plea agreement on June 6th.
Samuel Foy had initially pled not guilty to the accusation but entered into a negotiated voluntary plea agreement on June 6th.
At the scheduled sentencing hearing for Marcus Chisholm on Monday, July 23rd, presiding Assistant Chief Judge, James M. Drew handed down a deferred judgments on both charges in the case. As part of the deferred judgment Chisholm must serve 3 years of probation with the Iowa Department of Corrections and pay two $750 civil penalties, a $250 law enforcement surcharge, and $201 in court cost and lawyer fees.
At the scheduled sentencing hearing for Samuel Foy on Tuesday, July 24th, presiding Assistant Chief Judge, James M. Drew handed down a deferred judgment in the case. As part of the deferred judgment Foy must serve 3 years of probation with the Iowa Department of Corrections and pay a $750 civil penalty, a $125 law enforcement surcharge, and $201 in court cost and lawyer fees.
Samuel Harrison Foy
Marcus Allen Chisholm
29 Responses to Pot pushers busted at NIACC get deferred judgements
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that one guy
August 3, 2012 at 1:53 am
marijuana is amazing and should be legal alcohol is the worst so on that note BLAZE IT
Peter L
July 29, 2012 at 2:11 pm
Humorous how Marquardt as the editor of NIT uses the phrase: pot pusher, and includes those harassed and arrested for marijuana as part of his expose’ on ‘criminals’ that are somehow degrading the city….even calling for tougher sentences and acting angry when judges sentence them to reduced charges and deferred sentences.
Meanwhile, he and his friends frequent the happy hours at the local bars catching their legal buzzes…with many of them actually qualifying as alcoholics. Pot calling the kettle black. Pun intended. H-Y-P-O-C-R-I-T-E-S.
It’s fine to want to clean up crime…but keep a perspective on what is true crime, and what is damaging. Alcohol, as we all know by now is far more damaging than marijuana. Just because something’s legal or illegal doesn’t mean that it should be.
Use the eye of discernment, and not the eye of conformity when considering these matters. In my view, the judges absolutely did the right thing. Marijuana “pushers” and users do not need to be wasting prison resources.
Matt Marquardt
July 29, 2012 at 2:56 pm
That’s a good one Peter. I wish I had time to do that but I work everyday here at NIT, many times 10-12 hours a day. You are more likely to see me running, biking or driving around town with my camera blazing or meeting with folks about their serious concerns. Sorry you are so vindictive and hateful, Pete. Enjoy your day.
Anonymous
July 29, 2012 at 3:05 pm
I’m surprised that you let Peter L post on your site. Have you seen how horrible he blasted you on HIS site? Unbelievable! Yes Peter seems to have some issues.
Matt Marquardt
July 29, 2012 at 3:24 pm
Peter has the illusion that he is somehow stifled here at NIT. In truth, 99.9999% of all his comments and op-eds have been published. Only when he lashed out on a tragic incident and those involved did I wipe ALL the comments (every comment, including PL’s) under that particular story, at the behest of grieving relatives. Peter probably thinks it’s OK to yell “FIRE” in a crowded movie theater, too, and if he’s not allowed, then they are free speech Nazis.
Peter L
July 29, 2012 at 9:03 pm
And to answer this claim that you allow 99.999 % of what I post to stand…that is patently false. Even so, that is not even the principle grievance. The grievance is that you ALLOW all these cro-magnons and cretins to basically violate your terms of service OVER AND OVER again at my expense. People who are paying attention with a brain…such as the writer My Voice correctly follow the timeline…and it’s always the same formula. I voice my opinion on the news story at hand…and then numerous ‘cutters’ arrive to cut me down, and personally attack me.
You allow this to happen, and don’t even pretend to state to the contrary. We all know that you do this. I’m about the most on-point guy there is on this site.
Manning up, would require you to require your minions to adhere to the rules and engage in proper debate…but you’ve sold out for entertainment purposes…have you not?
So when I make points addressed not at the family of the deceased, but directly at the powers that be, involved with legal decisions, I expect them to be allowed to stand. I pointed out some very valid and truthful points. And if school bus dude, can be sentenced to 15 years for driving around a stop sign, then …well you know the rest of the argument.
You claim to want a fair world? Then perhaps you should allow those of us who are skilled in the matters of pointing out fairness discrepancies to keep their words written…and not deleted.
Love Loud Pipes
July 29, 2012 at 3:24 pm
“I’m surprised that you let Peter L post on your site. Have you seen how horrible he blasted you on HIS site? Unbelievable! Yes Peter seems to have some issues.”
For one thing Matt is far too big of a person to be intimidated by the likes of this guy. As far as his site goes, it won’t last long, nothing else he has ever undertaken was completed, this will not be any different either. From what I’ve been told his site will be mostly for those who want to see pot legalized. And last, maybe this guy has issues because he is the issue.
Keep em loud!!!!!!!!!!!
Peter L
July 29, 2012 at 11:52 pm
So if I haven’t completed anything I’ve undertaken, you must know me then huh? Care to provide your real name? Oh but wait, I do know who you are already. Funny thing is there Mr. Christian guy, that I was the one who was completely dedicated to recording and producing your amateur music, and YOU were the one who got cold feet and backed out…all because you couldn’t keep time to a little metronome. Poor baby. So, if you know me, back up your claims with specifics, and your real name, otherwise…like all the rest here on NIT…flush yourself down the toilet where you belong.
And one other thing to Marquardt: I wasn’t “lashing out” as you put it. I was describing reality. You have a skewed sense of what’s true…but as you’ve deleted all the comments, impartial people will never be able to judge for themselves…they’ll only be able to take your word for it. Sounds like government censorship to me Commidant.
Peter L
July 29, 2012 at 8:52 pm
I’d take peaceful hippies under the influence of marijuana than loud, drunk bikers blasting our neighborhoods, ANY DAY. Look…I’ve seen what it’s like when people use marijuana, and it’s coupled by social revolution. It’s a good thing. People naturally take to nature, drum circles, vegetarianism, communion with the earth. communion with the cosmos.
And what of your world? Loud aggression, booze. violence. assault. rape. hatred. self centeredness. pollution. war.
The problem is the framework of society has been reinforced and engineered to continue demonizing that which I know is otherwise a peaceful endeavor.
Marquardt doesn’t possess the ability to distinguish between what’s real crime, and what’s propaganda.
Demonizing marijuana using college age kids does nothing to achieve the kind of society you think you want.
?
July 25, 2012 at 6:43 pm
This is for: pot kills,yah right people have died or been kill fighting over oil.
MrEastSide
July 25, 2012 at 3:23 pm
Over 50,000 people have been killed in Mexico in the last six years over pot and these people get nothing! Pot does kill!
j
July 25, 2012 at 3:39 pm
Pot doesn’t kill. Cartels kill.
pot kills
July 25, 2012 at 5:35 pm
they die because of pot
prohibition is the problem
July 25, 2012 at 5:53 pm
Please read this report:
http://www.globalcommissionondrugs.org/hivaids-pandemic/
keepitReAl
July 25, 2012 at 3:09 pm
so far of the four arrested and charged, 3 off the hook with deferred sentences and/or probation… are we to expect the 4th one to get same treatment or is there an underlying messsage noone knows of yet like for example rolling/snitching on them- or is the 4th guna be the scapegoat they make an example of… time will tell!! college pres. son is not a 1st offender- he screwd that up when he violated his probation for the charges he used his deferred on… he should have gotten at least SOME time in prison this time around.. cocaine is mot a plant last I knew… smh
Anonymous
July 25, 2012 at 3:13 pm
Actually, cocaine does come from a plant
Vote
July 25, 2012 at 1:28 pm
Your only chance to be heard is to vote the members off that are currently on the NIACC board.
Eer
July 25, 2012 at 1:00 pm
Im fine with this. Why waste over $40,000 per year per person, to lock up people who are threatening only to a bag of Cheetos.The law is wrong, not the bong.
funny
July 25, 2012 at 7:35 pm
however i disagree in that too much pot smoking at a young age is harmful to one’s direction in life which can lead to other ailments and burdens on society (others besides a bag of cheetoes, lol).
Anonymous
July 25, 2012 at 12:40 pm
I wonder if Deb Derr will expel like mentioned by anonymous? Anyone have an answer or know??
John Bunnell
July 25, 2012 at 12:12 pm
I know of a person that got a life sentence for selling drugs, he’s been there over twenty (20) years now. how is this fair. I just read in the paper that a woman was released from prison after eight (8) months for killing 2 small children while in a vehicle. I’m confused, is selling drugs worse then killing someone.
the whole story
July 25, 2012 at 1:29 pm
Was he selling Pot or was it something completely different?
Anonymous
July 25, 2012 at 11:14 am
Lets see….deal drugs at or near a school and you can walk away with a deferred judgement!! President of NIACC coddles her son to get him off the charges…great message being sent by the President of our Community College!! Our system is so messed up and these dealers know it….when will their next deal come?…..probably taken place already….maybe to one of our children or young people….what a screwed up system!!
Kunstler's Ghost
July 25, 2012 at 11:07 am
There is no enhancement for delivery of marijuana within 1000 feet of a community college campus. That only applies to elementary or secondary schools under Iowa Code section 124.401A.
The district court more likely than not imposed sentences that were consistent with the recommendations of the presentence investigation prepared by the Iowa Department of Correctional Services.
If you want to send these young, non-violent first time offenders to prison for delivering a plant that will be legal to possess for medicinal purposes in this State in the not-to-distant future, then call your legislator and demand the HUGE increases in your income, sales and property taxes to pay for the new prisons, staff, benefits, etc., that we’ll need. They are on probation because the Department determined that they can be rehabilitated at significantly less cost to you and with little risk to the safety of the community.
Anonymous
July 25, 2012 at 12:27 pm
Yes but why doesn’t Deb Derr follow NIACC’s student code of conduct and expel them from campus like is written in the book. It is specifically her who is supposed to bring these actions how I read it.
j
July 25, 2012 at 10:39 am
I think you’re referring to drugs. These two were just sharing a plant.
Katie
July 25, 2012 at 7:50 pm
Where do you think drugs come from? PLANTS. Cocaine comes from the coca plant. Marijuana from cannabis. Heroin from poppies. Drugs kill and lead to the downfall of civilizations just like alcohol and hedonism do. Mexican’s government has lost control of its people. There is corruption everywhere and no one trusts anyone. It will happen here if our government does not continue to combat druggies and the supply chain. There will be greedy cartels here fighting each other on our turf if we don’t keep them out. Drug users are directly responsible for what may happen in this country – not the people who want to keep them illegal.
j
July 26, 2012 at 10:13 am
I don’t want to write a book here but there’s so much to dispute in what you have written.
First of all, you can’t smoke, snort or inject a poppy. There’s a PROCESS for making heroin. Same with cocaine. Yes, you can chew the leaves and get some effect. But, again, there’s a process for making the powder that is used in this country to get the cocaine high. All you have to do with cannabis is pluck a bud off the plant. No processing, no infusion of harmful chemicals is needed to get the end product. Do you see the difference?
I have never said cocaine, heroin, meth, etc., should be legal, although there are some arguments to that effect that I could support IF we provide free treatment for addicts who either seek it or who are forced into rehab by our legal system. The cost for this would be a TINY FRACTION of what we now spend on the drug war, which has failed miserably.
We ALL need to have open minds in order to solve some of our nation’s problems.
Anonymous
July 25, 2012 at 10:25 am
WOW! Most dealers get sentenced to long years in prison for even dealing drugs near a school but these two get off with probation? wtf