Port Republic man sentenced for rape, cocaine distribution

Friday, June 12, 2009

Cranston Brown, 45, of Port Republic was sentenced by Judge Warren Krug to 15 years with all suspended but eight for the second-degree rape charge and 20 years with all but five suspended for the distribution of cocaine in large amounts charge.

The sentences will run concurrently. Brown will serve five years without the possibly of parole and five years of supervised probation after jail time is completed, Krug said.

"We need to make sure you understand the seriousness of what happened," he said.

Brown entered an Alford plea to second-degree rape and to distribution of cocaine in large amounts on March 12. An Alford plea does not admit guilt, but it admits that the state may have enough evidence to prove the charges.

During a search on June 23, 2008, of a Port Republic home for a rape report investigation, detectives found 81 grams of cocaine, more than a dozen digital scales and items used to manufacture crack cocaine, according to court records. Brown was indicted for possession with intent to distribute a narcotic in a large volume along with six other drug-related charges, and on a separate indictment, he was charged with second-degree rape, false imprisonment and second-degree assault in July 2008.

According to charging documents, Brown entered the second-degree rape plea in the charge that he had sex with the victim without her consent after she decided to spend the night and she fell asleep in a locked bedroom of his home after a cookout on June 22, 2008. When the victim realized it was Brown she jumped up and yelled at him and tried to leave the room, but Brown pushed her back on the bed.

Before Krug sentenced Brown the attorneys discussed Brown's presentence investigation report, which showed a distribution of cocaine conviction and several other drug charges from 1991 to 1993, two DUIs and one driving while suspended in the past several years.

"He has had a significant amount of time without any serious crime," said Public Defender Mary Katherine Fowler.

Assistant State's Attorney Lisa Ridge said his plea holds a mandatory five years of incarceration and he should get another 10 years for being a "subsequent offender," but he is not being treated as a subsequent offender.

"He deserves 20 years because of his continual violations of the laws," she said.

When calculating sentencing guidelines, the issue of whether the victim was injured came up.

Assistant State's Attorney Kathryn Marsh prosecuted the rape charge and she pointed out that the victim was injured emotionally.

The presentence investigation found more convictions than were known during the time of the plea. Marsh agreed on a sentence of 15 years, suspending all but eight years, she said.

"He already got the benefit," Marsh said, adding his guidelines are eight to 15 years based on his criminal record.

charvat@somdnews.com