BROOKINGS – A Volga man who distributed and worked with others to distribute marijuana in Brookings County for nearly five years has been sentenced to 10 years in prison.
David Gascoigne, 46, pleaded guilty in Brookings County Circuit Court last month to distribution of at least a half-pound but less than a pound of marijuana, and conspiracy to distribute a pound or more of marijuana.
Both are Class 4 felonies, each punishable by up to 10 years in prison and a $20,000 fine.
But the state recommended a 10-year cap on Gascoigne’s sentence with an additional five years suspended, and that was the sentence handed down Tuesday.
Court documents say the conspiracy charge dates from January 2012 to September 2016, when Gascoigne set up a scheme for receiving approximately 10 pounds of marijuana every month from the West Coast to be sold here. He sold some of the marijuana himself and also arranged for others to sell it here.
The distribution charge says Gascoigne sold marijuana between April and August 2016.
He was arrested last August after selling marijuana to a confidential informant on multiple occasions.
Prosecutor Lindsey Quasney from the South Dakota Attorney General’s Office said an undercover purchase in April 2016 unveiled the larger marijuana conspiracy. A large amount of marijuana was involved, with Gascoigne receiving “three buckets of marijuana every two months.”
Quasney said Gascoigne’s actions affected a lot of people. “Distributors create users, and this went on for years.” She noted that he has a criminal history dating back to when he was a juvenile, and a history of distributing marijuana as far back as 1995.
Defense attorney Don McCarty acknowledged that Gascoigne was involved in something pretty significant, but he was forthcoming and cooperated with law enforcement on more than one occasion. His defendant took responsibility for his actions, and McCarty asked Circuit Judge Greg Stoltenburg to consider suspending a portion of the 10-year sentence cap.
Stoltenburg commended Gascoigne for owning up to what he did, but the judge said he needed to punish Gascoigne for his conduct and deter others from doing the same.
Stoltenburg noted that Gascoigne has a long criminal history, and he involved his spouse to a certain extent and affected his family.
“You made it easy for others to distribute hundreds of pounds of marijuana that you placed in the Brookings County area. That’s very concerning to the court,” Stoltenburg said.
The judge noted that while marijuana is legal in some states, it’s not in South Dakota, and where it is legal it’s a highly controlled industry.
“There was no control in the way you distributed marijuana,” Stoltenburg said.
He then sentenced Gascoigne to 10 years in prison on each count. Five years of each sentence are suspended, with the remaining five-year terms to run consecutively, on condition that he pay $208 in court costs, $326 for drug testing and urinalysis, and court-appointed attorney fees. He also has to remain law abiding and follow the rules and regulations of the Board of Pardons and Paroles.
Gascoigne gets credit for the 207 days he’s already served in jail.
Gascoigne’s wife, 44-year-old Brandi Lamster, was also sentenced Tuesday to jail time and probation for her role in her husband’s marijuana distribution.
Lamster pleaded guilty last month to one count of possession of at least a half-pound but less than a pound of marijuana.
The charge dates back to Aug. 23, 2016, when officers executed a search warrant at the couple’s home and Lamster was present when marijuana was found.
The Class 5 felony has a maximum penalty of five years in prison and a $10,000 fine, but the state recommended no penitentiary time and that Lamster serve jail time only.
McCarty asked the judge to consider a suspended imposition of sentence for Lamster, noting her limited criminal history. The attorney said his client turned a blind eye to what her husband was doing but had very limited involvement. “She should have separated from or stopped the situation. … She’s sincerely sorry for what took place,” the attorney said.
McCarty noted that Lamster is caring for Gascoigne’s children and was worried about how a felony on her record would affect her ability to advance at work.
But Stoltenburg said he was not inclined to give her a suspended imposition, which would clear the felony from her record.
“You knew what was going on, and you did nothing.”
The judge said Lamster reaped the benefits – money – of his drug distribution, and she was caught with a UPS receipt in her purse after mailing $4,800 to someone in Washington.
“You took an active part in this, knew a lot and chose to do nothing and stay with him,” Stoltenburg said.
Stoltenburg sentenced Lamster to five years in prison, but he suspended the execution on condition that she serve 60 days in jail and three years on supervised probation. Lamster also has to pay $1,000 in fines and court costs and $281 for drug testing. She must remain law abiding, not consume alcohol or drugs, and is allowed work release while she serves her jail time.
Contact Jill Fier at jfier@brookingsregister.com.
