Parolee Sentenced to More Time for Trace Amount of Methamphetamine

December 8, 2009

On Tuesday December 8, William Dwight Boston, 48, of Palestine, Texas was sentenced to 11 months in the Texas Department of Criminal Justice, State Jail Division, by Anderson County District Judge Pam Foster Fletcher for possessing a trace amount of methamphetamine. The illegal drugs were found in Mr. Boston's van following a traffic stop by a Palestine Police officer on February 2, 2009.

At the time of the stop Mr. Boston was serving parole from a 15-year sentence for possession of methamphetamine with the intent to deliver, for an Anderson County case in 2005.

The punishment, which was agreed to by the Anderson County Criminal District Attorneys Office, Mr. Boston, and his attorney, Paul Guillotte, came after a jury of six men and six women had heard from one witness, former Palestine Police Officer, Michael Gray.   

Officer Gray, who now works for the Nacogdoches, Texas Police Department, testified that he had "staked" out a street in Palestine where drugs are frequently sold and observed a suspicious vehicle parked in front of, what the officer described as, a "narcotics residence."

"I ran the license plate on the van and the registration came back expired. I waited until he (Mr. Boston) came out of the house. He drove off, and I followed him until he made a turn without showing a turn signal, so I made a traffic stop,” said Officer Gray.

“I was pretty sure that there was something unusual going on when Mr. Boston jumped out the vehicle as soon as I stopped him.  Many folks who have illegal substances in their car or vehicle will try and get your (the officer’s) attention away from where the drugs are stashed," said Officer Gray. “Most people do not get out of their cars after I stop them for a traffic violation.”

Officer Gray testified that Mr. Boston consented to a search of the van. "I observed a white bag that looked like it came from a drug store lying next to the drivers seat. In the bag I found two syringes, a glass pipe, 2 large clear baggies containing a crystal residue, and a package of smaller yellow baggie. Then I searched the middle console where I found a weighing scale.” Officer Gray testified that these Items are commonly used in the distribute narcotics.

A field test performed by Officer Gray at the scene confirmed the crystal residue to be methamphetamine.

Offered into evidence during the trial was a report from the Texas Department of Safety - Crime Lab in Tyler, Texas, showing that while the drugs found where methamphetamine, the amount of methamphetamine seized was too small to weigh on their equipment.

When asked to comment about the prison sentence for such a small amount of drugs, First Assistant District Attorney, Stanley Sokolowski, said, “The scale and bags suggested Mr. Boston might have been selling meth, but that he had sold out. Mr. Boston’s priors and the evidence justified the time.”

In addition to the 11-month sentence, Mr. Sokolowski anticipates the Texas Board of Pardons and Paroles will send Mr. Boston back to prison on the 15-year sentence.

Paul Guillotte is an attorney that practices out of his office in Athens, Texas.