On second thought, judge ignores appeal, reduces jail term for ex-officer

December 12, 1990|By Kelly Gilbert | Kelly Gilbert,Evening Sun Staff

Instead of agreeing with a prosecution request for a tougher sentence, a federal judge in Baltimore cut more than five years from the prison term of a former city narcotics officer.

Prosecutors had appealed the original sentence for the officer convicted of trafficking in cocaine because they believed the 20-year-plus sentence wasn't long enough.

Instead, Senior Judge Herbert F. Murray in U.S. District Court imposed a new sentence of 15 years and one month without parole on William F. Kincaid Jr., 30, of Rosedale, at a hearing mandated by the 4th U.S. Circuit Court of Appeals in Richmond, Va.

Kincaid has been incarcerated for more than a year in a federal prison in Tucson, Ariz.

Murray had sentenced Kincaid to 20 years and eight months in prison without parole last year. Prosecutors had asked the judge then to impose an enhanced term of about 29 years.

Assistant U.S. Attorney Andrew G.W. Norman contended at the original hearing and at the resentencing hearing last Friday that Kincaid should receive the enhanced penalty because he distributed cocaine in late 1988 and early 1989, while he was awaiting sentencing on a bank-fraud conviction.

At the resentencing hearing, Norman asked Murray to impose a no-parole term of at least 23 years and seven months, including a mandatory five-year, consecutive sentence for Kincaid's conviction on a drug-related weapons count.

Norman said Kincaid "violated the trust" of U.S. District Judge J. Frederick Motz, who released him on bail in the bank-fraud case in late 1988, while the defendant "was up to his neck in this [cocaine] conspiracy."

Defense attorney Louis J. Savino argued that Kincaid should not be sentenced to a longer term than Michael Vogel, the cocaine distributor who supplied the former policeman. Vogel was sentenced earlier this year to about 15 years in prison on cocaine convictions.

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