June 6, 2016 at 4:43 p.m.
Milwaukee man headed to jail on cocaine conviction
Honor student before case began, Love will serve time
Milwaukee man headed to jail on cocaine conviction
Desmond L. Love appeared before Branch II Judge Michael Bloom Friday afternoon for a sentencing hearing in a case that started when he was arrested May 29, 2015, along with his brother Tommy L. Love Jr., 28, following an investigation by the Northcentral Drug Enforcement Group (NORDEG) that included a controlled buy of cocaine.
The Loves were charged with conspiracy to commit manufacture or delivery of cocaine (less than 1 gram), possession with intent to deliver cocaine (1-5 grams) and possession of drug paraphernalia. Tommy Love also had a repeater enhancer added to two of his charges.
At their initial appearance, assistant district attorney Steve Michlig said Desmond Love was not the "primary actor" in the crimes. His bond was then set at $2,500 cash while his older brother had bond set at $10,000.
On June 4, 2015, Desmond Love was charged with possession with intent to deliver cocaine, a class E felony, after it was discovered that he had secreted a double-wrapped bag of cocaine "the size of a Ping-Pong ball" in his rectum before he was arrested. The bundle, which contained 14 individually wrapped rocks of crack cocaine weighing 6.9 grams, was removed at the hospital.
At a hearing June 4, Bloom set a $7,500 cash bond on the new charge. On June 8, the Loves were able to post bond and returned to Milwaukee.
Desmond Love was arrested again Nov. 10, 2015, in Milwaukee, for possession with intent to deliver cocaine (>1-5g) and resisting an officer (substantial bodily harm/soft tissue injury). His brother also picked up numerous drug-related charges at the same time and remains in the Milwaukee County Jail.
Desmond Love accepted a plea agreement Jan. 4. He pled guilty to the first charge, a single class G felony. The second case was dismissed but read into the record for sentencing purposes.
A pre-sentence investigation (PSI) was ordered, with the state bound to the PSI sentencing recommendation.
The sentencing hearing was postponed after it was learned that Love was not cooperating with the Department of Corrections investigator on the PSI. Furthermore, he was arrested for violating the terms of his bond in the Milwaukee case because he tested positive for marijuana at a random screening.
Defense attorney Michael Chernin explained to Bloom that the judge in Milwaukee had allowed the younger Love out on bond because he was on track to graduate high school. He said his client would complete the PSI in Milwaukee and a new sentencing date could be set.
Bloom, however, ordered Love to report to the Oneida County Jail within 24 hours or a warrant would be issued for his arrest.
He has been incarcerated there since March 19 and has continued to refuse to cooperate on the PSI.
At sentencing Friday, Schiek argued the gravity of the offense and the fact that Love was arrested in Milwaukee while out on bond makes this a prison case.
He also noted that because of the lack of cooperation on Love's part many sections of the PSI report had been left blank. The author of the report recommended a sentence of between four and six years, with the first year or two in prison and the balance on supervision.
Schiek asked Bloom to impose that sentence, noting it is "unfortunate that his first brush as an adult in court," would result in a felony conviction.
Chernin also called Love's situation, and the position his lack of cooperation on the PSI put him in at sentencing, unfortunate. He then told Bloom that his client had been a good student until he reached high school and he became "influenced by his father's side of the family."
"Mr. Love had managed to stay on the honor roll in school even as these events were unfolding," Chernin said, adding that Love had been in line for college scholarships before he was arrested.
He added that while the felony drug conviction will make it very difficult for Love to get a college education he still has "a path to return to" once he puts his time behind bars behind him.
"Hopefully Mr. Love will see education as a way over the hurdles he has placed in his own way with the drug conviction," Chernin said.
He then asked Bloom to spare his client prison, withhold sentence and place him on probation, with jail as a condition.
Given his chance to speak, Love was brief.
"I want to apologize to the people of Oneida County and apologize to my mother," he said.
In handing down his sentence, Bloom contrasted the way drugs were sold and distributed by the local "gang of usual suspects" and how people bringing more serious drugs like heroin and cocaine into Oneida County from elsewhere complicates things locally.
"If nobody did that (bring drugs in from Milwaukee, etc.) it would be a different situation in Oneida County," he said.
He then noted that Love didn't cooperate with the PSI, even though doing so might have been to his benefit.
He also noted that when faced with arrest, Love had either "ingested or inserted" the additional cocaine, which demonstrated "desperation or sophistication."
"Still, there is some potential for you to live up to the things Mr. Chernin describes," Bloom said.
He agreed with Chernin that Love has a chance to turn away before his life was ruined. But only Love could "invest" in changing his behavior, and ultimately, only he would be the one to blame if he failed.
"And it is a shame, because, in essence, you squandered the opportunities Mr. Chernin described," the judge said.
He then noted that under state sentencing guidelines, probation should be considered before imprisonment, and this was Love's first offense, so he withheld sentence and placed Love on probation for five years.
As a condition of probation, Bloom ordered Love to serve a year in jail, in Milwaukee, if both county sheriffs agree, or in Oneida if either side objects.
He also ordered Love to obtain a high school diploma or equivalent or obtain a full-time job and undergo AODA counseling and treatment.
Love is set for a scheduling hearing June 16 in Milwaukee on his case there.
His older brother is set for a final pre-trial conference in Aug. 17 in Milwaukee with a jury trial set for Aug. 29.
His case in Oneida County is on hold until the Milwaukee cases are resolved.
Jamie Taylor may be reached at jtaylor @lakelandtimes.com.
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