Troy Wardlaw, 57, was sentenced to 40 months to 20 years in prison Tuesday in Alpena’s 26th Circuit Court after being convicted of possessing more than 400 grams of cocaine with the intent to deliver it.
The case involved approximately 425 grams of cocaine found in a vehicle stopped by Michigan State Police on Sept. 28 of last year. Wardlaw was a passenger in the vehicle when it was pulled over. Police also found more than $2,000 in cash when Wardlaw was arrested.
The amount of cocaine was described in court as approximately one pound. The sentence imposed was within the 24- to 40-month range set by state sentencing guidelines, but Wardlaw received the maximum minimum term of 40 months. The maximum portion of the sentence is 20 years.
Arguments over sentencing and medical care
At the start of the hearing, defense attorney Bill Pfeifer asked the court to adjourn sentencing so Wardlaw could undergo a scheduled surgery. Alpena County Prosecuting Attorney Cynthia Muszynski opposed delaying the hearing, saying the surgery had been arranged while the case was pending and prison was a likely outcome.
Judge Ed Black agreed with Muszynski. He said postponing sentencing for the surgery would presumably also delay sentencing for the rehabilitation period.
Pfeifer asked Black to remain within the sentencing guidelines and said Wardlaw had completed 60 days of residential treatment early in the case. He also raised concerns about whether Wardlaw would receive needed medical care in the Michigan Department of Corrections.
Wardlaw told the court he had made a mistake and learned from it. He said the arrest was “a wake up call” and that he has remained clean from drug use since completing rehabilitation.
Prosecutor cites Alpena-area drug activity
Muszynski argued for a sentence at the higher end of the guidelines. She discussed an affidavit dated July 29 describing surveillance of an Alpena home by the Huron Undercover Narcotics Team, or HUNT.
Wardlaw was seen at the home, where a search warrant was later executed and drugs were found. The homeowner was charged with maintaining a drug house and possession. Pfeifer said Wardlaw told him that, although Wardlaw had been at the home, he tested negative for drugs when HUNT tested him there.
Muszynski also said Wardlaw admitted at the time of his arrest that he was a known source for people seeking drugs. According to her account in court, Wardlaw said he supplied cocaine in the Alpena area, paid $4,500 for the cocaine found during his arrest and traveled downstate to purchase cocaine for distribution in Alpena.
Muszynski called the seizure one of the larger amounts of cocaine found in the area. Black said it was the largest amount of drugs he had seen in a case, either while serving on the bench or elsewhere.
Black said the sentence was intended to send a message about the amount of cocaine involved and then ordered Wardlaw to serve 40 months to 20 years in prison.