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More time in prison for heroin
By rutlandherald.com
Published: 01/07/2010

A Bennington man already serving seven to 15 years in prison for convictions on seven charges will serve up to a year longer following his sentencing Tuesday on a charge of possessing heroin in the Rutland jail.

In sentencing 36-year-old Michael Myers to a six-month to one-year sentence on a misdemeanor charge carrying a maximum one-year jail sentence, Judge Thomas Zonay said Tuesday he decided the stiff penalty was needed to make an impression on Myers and others who possess drugs in the state's jails.

"The court understands enough to know these things occur despite the best efforts by law enforcement to keep them out," the Rutland District Court judge said about drugs inside Vermont's prison system. "In effect, it would be a slap on the wrist and would minimize the possession of drugs in the state's facilities if the sentence were concurrent with your other charges. The court thinks there needs to be an impact here."

So rather than let the sentence tick off at the same time as Myers' other convictions, Zonay said the new sentence would be consecutive to the seven to 15-year sentence, extending his jail time for at least six months.

Myers is no stranger to the court system or the corrections system.

Two weeks after he was found guilty of possessing heroin, a Bennington judge sentenced him on two felony counts of aggravated assault while preventing a law enforcement officer from performing lawful duties, a felony charge of driving under the influence of alcohol and misdemeanor charges of reckless endangerment, unlawful trespass, leaving the scene of a crash that resulted in property damage and resisting arrest.

Those charges all stem from an incident in March 2008 when police said Myers tried to use his truck to run down Thomas Keith, a neighbor, after the two had argued.

Myers was originally charged with first-degree attempted murder and aggravated assault with a weapon as well as a misdemeanor charge of unlawful mischief. But a Bennington jury last May acquitted Myers of those charges.

Myers is also suing 18 prison guards, corrections officials and response team members over treatment he received during a riot in the Rutland jail.

Myers, who was moved to the Springfield jail after the riot, hasn't been charged with participating in the riot. He remains lodged at Springfield. To date, no one has been charged with inciting or participating in the riot that involved a single cell block in the jail. State police have said in the past that the riot is still under investigation.

But during Myers' sentencing in Bennington District Court, Judge John Wesley said Myers was a key player in the riot.

Talking about Myers' character, the judge said, "Indeed, that character, unfortunately, has been on display even while this case has been pending when he was sanctioned in the correctional facility for his part in instigating a riot that took place at the Marble Valley Correctional Facility."

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