A Couple Hundred Feet Shy of Five Years
A man arrested in Sioux Falls on Wednesday can thank fortuitous circumstances for avoiding a mandatory five-year add on to any charges he receives. It’s an accident of where he lives in relation to a local school. Within 1000 ft, South Dakota law adds five years in prison that must be served consecutively and can’t be paroled away. Mr. Poppen lives just 1,200 feet from the edge of the property owned by Harvey Dunn Elementary School.
Our Drug Free School Zone adds penalties within 1000 feet of a school. Mr. Pippen, who was busted in an apartment around the corner, just missed the cut-off. He still faces some serious time – he’s charged with three felonies: possession of marijuana, possession of marijuana with intent to distribute and possession of drug paraphernalia.
The case is unusual because the defendant also had a shotgun and bullet proof vest on the property. Whenever a vest is discovered, police are more likely to suspect the offender had an expectation of a violent confrontation. Along with the drugs, weapon, ammo and vest, there were materials used to package and sell marijuana. Both the quantity of weed seized (3 pounds) and the packaging indicate a dealer set-up, rather than just a user.
Critics of the Drug Free School Zone law point to cases like this as examples of where the defendant isn’t having an impact on the school itself – apparently he wasn’t out selling drugs on the street near the school, but if he had lived just a couple of doors down, he would technically be in violation of the law. Practically, the additional charge can be a bargaining chip prosecutors can use to give them leverage in negotiating plea agreements. The additional five years is no small matter, when other drug charges may only get from 2 to 10 years in prison.
