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Published October 09, 2008 10:46 pm -

Gadberry reaches plea deal
No charges are dismissed

By MATT MILNER Courier staff writer

DES MOINES — Mario Vincent Gadberry became the first of the 10 co-defendants from July’s drug raids in Ottumwa to reach a plea bargain with prosecutors.

Gadberry, 22, reached the deal on September 30 and had a change of plea hearing Thursday. The plea reduced the charge from conspiracy to distribute at least five kilograms or more of cocaine to conspiracy to distribute at least 500 grams. No charges are being dismissed.

Gadberry admitted to working with William Albert Edwards III, Israel Joubert, and Rafael DeLazaro to distribute cocaine between March 2006 and July 18, 2008. The plea states Gadberry received cocaine from those people and redistributed it.

Prosecutors said Gadberry was one of the people who actually transported the cocaine from Chicago to Ottumwa. He admitted that allegation and also confessed to selling 216.18 grams of marijuana.

Specific cocaine sales took place in September, October, and November 2007, as well as in February 2008.

The plea agreement does not set forth a sentencing recommendation. The conviction carries a minimum of five years in prison, but the sentence could go as high as 40 years with a $2 million fine and four years of supervised release.

Gadberry never had a detention hearing following his July arrest and will remain in custody until sentencing.

The plea bargain says nothing about Gadberry testifying for prosecutors in the cases against his co-defendants, though such cooperation is common.

Though Gadberry is the first person charged to reach a plea bargain, he is the second to attempt one. The attorney for Derek O’Neal went so far as to schedule a change of plea hearing in early September, but prosecutors rejected the proposed deal.

In that plan O’Neal planned to plead guilty to conspiracy to distribute a detectable amount of cocaine. Prosecutors rebuffed such a large reduction in charges, saying they would only agree to a plea on the original charge.

Four of the original 10 defendants have new charges pending as well. A federal grand jury added firearms charges against Edwards, Joubert, David Horvath and Marlon Rust on Sept. 24.

Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com



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