Pot in pocket sends probationer to prison

BENNINGTON ? A man was sentenced to serve a month in prison for failing to pass his drug test not only because he tested positive for marijuana, but because he brought some with him when he went to see his parole officer.

Allan R. Shepard, 25, of Bennington, pleaded guilty to a misdemeanor charge of possession of less than two ounces of marijuana for the second time.

Shepard has a previous marijuana possession conviction from 2001. In an affidavit, Bennington Police Officer David Faden said he was notified by Shepard's probation officer on March 8 of the violation.

The probation officer told Faden that a clear plastic baggy containing marijuana was found in Shepard's shirt when he was patted down after reporting to the probation department.

Shepard had come to the probation office for a drug screening.

The probation officer told Faden that Shepard had also tested positive for marijuana use during the screening process. The probation officer said he planned to report Shepard's violation and send him back to prison.

Faden said Shepard told him he had a "relapse." According to the affidavit, Shepard put on a shirt from his home and marijuana was in the pocket of the shirt.

Shepard has prior convictions for possession of a narcotic, depressant or stimulant from 2003, unlawful trespass in 2002, and two violations of probation from 2001.

Bennington County District Court Judge David Howard sentenced Shepard to serve 30 to 34 days at the same time he is serving the sentence for which he violated his probation.

Shepard is being held at Marble Valley Regional Correctional Facility in Rutland.