A defendant charged with drug trafficking was allowed to plea to a lesser included offense but still received 15 years to serve in prison.
Benjamin James McLemore was sentenced May 5 in Jones County Superior Court to 20 years for the lesser included offense of possession with intent to distribute, with the first 15 years to be served in confinement. The remainder of sentence is to be served on probation.
The defendant was banned from Jones County for the duration of his sentence.
McLemore was arrested Aug. 24, 2021, with Terrance Cone, and both were charged with trafficking methamphetamine. They were indicted on the offense by a Jones County Grand Jury Oct. 13, 2021.
While entering his guilty plea, McLemore appeared to be doing all he could to convince the court and law enforcement that Cone had no part in the drug possession.
The case was prosecuted by Assistant District Attorney Cara Fiore, and McLemore was represented in the plea by public defender Tom O’Donnell. Chief Superior Court Judge Brenda Trammell accepted the plea.
Fiore styled the case for the court. She said investigators with Jones County’s drug unit received information from a confidential informant that McLemore would be coming to Jones County Aug. 24, 2021, with methamphetamine.
The prosecutor said officers set up surveillance at the predetermined location and made contact. Fiore said a large amount of methamphetamine was found in the vehicle.
McLemore made it known through his attorney that he wanted to speak to the ownership of the drugs. He was placed under oath and Fiore asked him how the knew Cone.
McLemore said they grew up together.
“All Terrance did was give me a ride. He had no knowledge that there were drugs in his vehicle,” the defendant said.
McLemore went on to say the drugs were in the pocket of a pair of pants in a bag he was carrying.
“I paid him to bring me to Jones County to meet with a girl. I planned to get in the car with her, but that didn’t work out,” he said.
According to the Georgia Department of Corrections website, McLemore has been in and out of prison since July of 2004. His longest incarceration was from Nov. 15, 2012, to April 25, 2017. His most recent release date is July 15, 2019.
McLemore’s previous convictions include burglary, theft by taking, possession of drug related materials, and forgery, both in Houston and Jones counties.
