Alleged gang member gets 5-year term for weapon, drug offenses

A man allegedly involved in the Hollywood criminal street gang was sentenced to serve five years in prison on Thursday in Cochise County Superior Court. Andrew Matthew Mears, 24, pleaded guilty in a plea deal in February to selling a sawed-off shotgun on June 23, 2009, conspiring to transport crack cocaine on June 4, 2009, and possessing a handgun as a prohibited possessor on July 9, 2009. The cases involved sales to the Drug Enforcement Administration at a shopping center in Sierra Vista. Mears was sentenced on Thursday, at the conclusion of a lengthy mitigation hearing in Division 3 court that started May 10 and continued on Thursday. Judge Wallace Hoggatt found both mitigating and aggravating factors, and he imposed presumptive terms for all three counts. Hoggatt imposed a term of 5 years for one offense and terms of 2 1/2 years each for two other offenses, but the terms will run concurrently, meaning he will serve a total of 5 years in prison. He also must pay a fine of $1,000, plus a surcharge of $840. During the sentencing hearing, the defense argued that Mears should not receive more than five years in prison because he has rehabilitated himself and he is a different person today than who he was in 2009. The prosecution asked the court to impose consecutive prison terms due to the fact that the offenses were committed on three separate dates. Judge Hoggatt said Mears was young at the time of the offenses and he has shown numerous positive lifestyle changes since his release on bail in January of 2010. He also pointed out the defendant has a felony conviction on his criminal record and he committed these offenses while on probation. Mears was originally charged with transporting crack cocaine for sale weighing more than 750 milligrams, aiding or agreeing to aid Durell Clifton to sell or transfer the crack, providing the means or opportunity to Clifton to sell or transfer the drug, conspiring to transport a narcotic drug for sale and driving the delivery car, and assisting the gang by committing any felony offense on June 4, 2009. Also, he was originally charged with selling and transporting the sawed-off shotgun, possessing it after having been convicted of a felony and assisting Hollywood by committing any felony offense on June 23, 2009. Mears was also originally charged with possessing crack for sale weighing more than 750 milligrams, possessing a deadly weapon after having been convicted of a felony, committing misconduct involving a weapon by using or possessing a deadly weapon during the commission of a felony drug offense and assisting the gang by committing any felony offense on July 9, 2009. According to the plea agreement, the remaining counts against Mears were dismissed. Co-defendants Durell and Darnell Clifton were convicted in July of 2010 as a result of an undercover drug purchase on May 29, 2009. Durell Clifton was found guilty of possessing crack for sale weighing more than 750 milligrams and assisting Hollywood. He was sentenced to 14 1/4 years in prison in September of 2010. Darnell Clifton was found guilty of transporting the crack for sale, aiding or agreeing to aid Durell Clifton to sell or transfer the drug, conspiring to transport it for sale and driving the delivery car, and assisting Hollywood. He was sentenced to 9 years in prison in September of 2010. The Cliftons were also sentenced to prison terms in January 2011 after pleading guilty in deals for related drug offenses occurring on June 4, 2009, and July 9, 2009, but those prison terms will run concurrently to the previously imposed terms. Co-defendant Scott Patrick Klein was sentenced to five years of supervised probation in April of 2010, after pleading guilty in February of 2010 in a plea deal to committing attempted possession of a dangerous drug for sale in February of 2009.