By Howard Greninger
TERRE HAUTE — Vigo County Commissioner David W. Decker has agreed in U.S. District Court, Southern District of Indiana, to plead guilty to distributing methamphetamine. He also agreed to resign his elected county position.
A plea agreement Decker signed Tuesday and filed in federal court Wednesday shows Decker admitted to distributing 3.25 grams of a mixture or substance containing methamphetamine. The amount is 1/8th of an ounce, known as an “eight ball.”
Decker, 53, is scheduled to appear for an initial hearing at 9 a.m. today in federal court in Terre Haute. He will then appear in a plea hearing, where he will waive his constitutional right to a grand jury indictment, said Assistant U.S. Attorney Bradley A. Blackington.
If the plea agreement is accepted by the court, Decker will then appear for a sentencing hearing.
Once a plea agreement is accepted, his resignation can be enforced, Blackington said.
A message was left at Decker’s home and cellular telephone seeking comment. His attorney, William Smock, said Decker will resign from his county office today.
Decker’s plea agreement is a result of an investigation into the methamphetamine trafficking organization lead by Robbin Welker, 43, also known as Robbin Poore. Welker and Vicki Shaw, 41, were charged in federal court in December with leading two meth-dealing organizations.
“The investigation continued after the wiretap was done on Welker and several other participants in the organization were identified. Mr. Decker was identified as one of them,” Blackington said.
The federal attorney said the investigation is ongoing and could not comment if any other county officials are under investigation. Asked if Decker used his county office to further or assist a drug dealing operation, Blackington said no.
“This was just an ordinary drug deal,” he said of Decker. Court documents show prosecutors alleged Decker sold meth on or about Nov. 8, 2008.
Decker’s case involves less prison time than 24 other people now charged due to federal court guidelines.
Sentences in federal court are done under sentencing guidelines and statutory/mandatory minimums. Guidelines consider the amount of drugs, along with factors such as use of firearms or whether they were a leader in a drug organization, Blackington said.
Statutory minimums are also based on the amount of drugs, plus prior drug felonies. “So when you are dealing with an eight ball of meth with a guy that didn’t have a gun and wasn’t an organizer or leader in the case, you start out with low sentencing guidelines.”
Since Decker agreed to plead guilty, his sentencing guidelines are reduced to a level that calls for 10 to 16 months in prison, Blackington said.
Decker’s plea agreement states that, “To date, Decker has demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct and timely provided complete information to the government concerning his own involvement in the offense.”
Since an “eight ball” is less than 50 grams, there is no mandatory minimum sentence, Blackington said. But Decker would serve a minimum of five months in prison under the plea agreement, with a maximum of 10 months in prison. A federal judge will have discretion with five months of the sentence, either to impose jail time or order Decker to serve community service or home detention.
Blackington said he will argue for Decker to serve 10 months in jail.
Decker became a commissioner in 2007 and has been the board’s president since January 2008. Prior to that, he served on the Vigo County Council from 2000 to 2004. He also had 21 years of teaching experience. Prior to his election as commissioner, Decker was a teacher in technology education at Terre Haute South Vigo High School.
Howard Greninger can be reached at (812) 231-4204 or howard.greninger@tribstar.com.
