'Not In My Backyard'
A Philadelphia man, convicted of drug trafficking near Butler's police station, was handed a lengthy state prison sentence in Butler County Court Thursday morning.
Thomas L. Tillman, 30, was sentenced to a total of 4½ to 15 years in a state correctional facility by Judge Timothy McCune, who returned to the criminal court bench for this special sentencing after taking over family court responsibilities.
After the proceeding, District Attorney Richard Goldinger said he was happy with the sentence, as it “sends a message.”
“This is really the first drug case that has gone to trial since we implemented the 'Not In My Backyard' initiative,” he said. “We have had several pleas, but this was our first jury conviction under that. The message is that in these types of drug cases, we will offer pleas to state time, but if you want to take it to trial, you will do worse.”
Tillman was convicted during a jury trial Dec. 12 of two felony counts of possession with intent to deliver a controlled substance — heroin and crack cocaine — and conspiracy to commit possession with intent to deliver, two misdemeanor counts of possession of a controlled substance, one count of possession of drug paraphernalia and one count of possession of marijuana.
The sentence also included he pay court costs and $400 in fines.
Goldinger sought top guidelines for the sentencing with all counts running consecutively for a total of nearly 8 years to 15½ years, saying “I believe the top guidelines are appropriate” because of the weight of the drugs — 13.2 grams for the heroin and 5.7 grams for the crack cocaine — as well as the heroin being mixed with fentanyl, which “is a killer in our community at this point.”
Tillman's attorney, Assistant Public Defender Charles Nedz argued that for the enhanced penalties, the jury would have had to determine the weight of the drugs, which “did not occur.”
Goldinger argued that the jury had that evidence at trial, as it was admitted as part of the laboratory reports regarding the controlled substances.
McCune said that was not part of charging information and wouldn't have affected the guidelines for the sentence he was prepared to hand down, which was the 4½- to 15-year sentence.
Nedz then requested the charges be run concurrent, at the low end of the guideline range, at 27 months to 4½ years.
McCune also denied a continuance request from Nedz, who stated that Tillman was alleging that he was ineffective as counsel and made the motion to withdraw as his attorney.
Tillman spoke during the proceeding, saying that he takes “full responsibility for my actions.”
“I just want to do my time and come back a better man,” he said.
Tillman has several prior convictions, including two juvenile arrests, six adult arrests, five convictions and was most recently released from prison in 2017 after serving six years on a conviction out of Philadelphia, McCune said.
He was charged alongside two women — Mary P. Boring, 28, and Jennifer E. Thomas, 27 — following a drug distribution investigation into an apartment on the 200 block of North Washington Street, near the city police station, between April 18 and May 4.
Police said it was believed that Tillman and Thomas were dealing drugs out of one of three apartments at the two-story house. Boring, whose boyfriend is the sole tenant, is accused of allowing them to deal there.
Following a pair of controlled drug buys in April and May by the Butler County Drug Task Force, a warrant search was conducted. Police found between 230 and 240 bags of suspected heroin, 22 individually packaged rocks of crack, a small amount of marijuana, drug paraphernalia including a scale and 70 to 80 syringes, $187 in currency and two cell phones, according to court documents.
Boring was sentenced Sept. 28 to 12 to 36 months in Butler County Prison after pleading guilty to two felony counts of possession with intent to deliver a controlled substance — heroin and cocaine — and one count of conspiracy on Sept. 6; and Thomas was sentenced Jan. 4 to 11½ to 23 months in Butler County Prison followed by two years probation, after pleading guilty to felony possession with intent and conspiracy on Dec. 6.
Nedz was unable for comment following the proceeding Thursday.
