[420 Girl]

Kanawha County prosecutors had no evidence to suggest that a Catholic priest and a former drug counselor were going to do anything other than smoke the massive quantity of marijuana they were busted with in September.

That's why both ended up getting off on misdemeanors.

"For felony possession of any drugs, you have to have intent to deliver," said Steve Revercomb, Kanawha's prosecutor.

"While it is a fairly significant amount of marijuana, there is no other evidence whatsoever in this case that they intended to deliver or sell this marijuana."

James Edward O'Connor, 58, and Michael Joseph Deegan, 59, were found in possession of nearly a half-pound of marijuana during a traffic stop.

O'Connor was the priest of Blessed Sacrament church in South Charleston. He was fired after his arrest. Deegan is a former drug counselor and used to be president of the West Virginia Association of Alcoholism and Drug Abuse Counselors.

Both ended up pleading guilty to misdemeanor possession and were fined $269 each, including court costs. Prosecutors dropped the felony charges each was facing.

If they had items that pointed to intent to either deliver or sell the pot, things would have turned out differently, Revercomb said.

It's not a felony to possess marijuana unless there is other evidence - like baggies, scales or names of customers - that would show the suspects intended to unload the drug, Revercomb said.

Revercomb said news reports that say possession of over 15 grams of marijuana is a felony are erroneous.

Possession has been largely decriminalized for first offenders caught with less than 15 grams of marijuana, Revercomb said.

The law says after the defendant either pleads guilty or is found guilty of possession, the court suspends entering a judgment and the defendant is automatically placed on a diversionary period of about six months.

If they stay out of trouble during the diversionary period, the charge is dismissed and they can expunge the charge from their record.

Revercomb said neither of the defendants had previous drug charges.

"These are not people that law enforcement have been involved with with respect to drugs before this," he said.

The prosecutor commended the good police work that led to the arrest.

According to criminal complaints, a South Charleston police officer pulled over the car O'Connor was driving after the officer said he smelled marijuana smoke coming from it.

O'Connor was charged with possessing 73 grams. Another 152 grams was found later in Deegan's car, the complaint said.

Revercomb speculated that the marijuana could have been for personal use. He said he reason each was caught with so much pot at one time might have something to do with who they were in the community.
"Given their position and age in life, they're probably not wanting to go out and buy it every week," Revercomb said.

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