Zone Defense

Drug-free school zones were supposed to keep dealers away from kids. But what happens when the zones engulf whole cities?

By John Gould-
Washington Monthly

June, 2002

In the spring of 1997, Dematric Young was living at the Sunset Motel just off Highway 84 in North Lubbock, Texas. The Sunset is run-down place in a mainly Hispanic neighborhood and home to a constantly shifting roster of semi-permanent guests--low income, down-on-their-luck types, often a step away from the homeless shelter. From his room there, on two occasions, Young sold an undercover narcotics agent somewhere between two and four grams--around $400 worth--of cocaine. The normal sentence in the state of Texas for such a crime would have been around ten years. But Young discovered that he would be facing a much harsher sentence, because, unbeknown to him, his motel room was located in a "drug-free school zone."

According to Texas state law, everywhere within 1,000 feet of a school constitutes a "drug-free zone." Anyone convicted of selling or possessing drugs within such a zone is subject to an enhanced sentence--a five-year mandatory minimum over and above the sentence imposed for the original offense. Unfortunately for Young, the Sunset was within 1,000 feet of Cavazos Junior High School. He was never accused of selling drugs to children. Nor did he ever set foot inside the Cavazos schoolyard. But under the Texas drug-free school zone law, neither of these facts is relevant.

Texas law also requires that Young be tried separately for each charge, once for possession of cocaine and additionally for sales of cocaine within a drug-free school zone. And it requires that any sentences be served consecutively rather than concurrently. As a result, Young--20 at the time of his arrest--is now serving a 38-year sentence, ineligible for parole until at least 2021. "His life is over," says his lawyer, Bob Huddleston.

snip-

Read Complete Article Here