Thu, Nov 05 2009
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Published June 23, 2009 11:04 pm - COLUMBUS, Kan. — Cherokee County District Judge Kent Lynch on Tuesday sentenced Benjamin Burdick to nearly 15 1/2 years in prison on a conviction of methamphetamine manufacturing. Pittsburg man sentenced to more than 15 years in prison
By Roger McKinney rmckinney@joplinglobe.com COLUMBUS, Kan. — Cherokee County District Judge Kent Lynch on Tuesday sentenced Benjamin Burdick to nearly 15 1/2 years in prison on a conviction of methamphetamine manufacturing. His sentence will be added to whatever sentence he receives next month in Crawford County. Burdick, 47, of Pittsburg, was found guilty by a jury in March of meth manufacturing, possession of meth ingredients, meth possession, use of drug paraphernalia and possession of drug paraphernalia. The sentences for the other charges are less than that for the manufacturing sentence and are to be served at the same time as that sentence. He was credited with 278 days he has been in jail. The conviction was for a 2008 case involving a meth lab in Weir. Burdick’s lawyer, Sam Marsh, said during the trial that it was the first meth-manufacturing trial in the county in his memory. “I know I got problems,” Burdick told the judge. “Sending me to prison for the rest of my life isn’t going to help me or anyone else.” Lynch denied Marsh’s request not to include Burdick’s Crawford County conviction on his criminal history. The judge said the conviction counts, even if the defendant hasn’t been sentenced yet. Marsh also argued for a reduced sentence for Burdick. He said the prosecution didn’t treat Burdick, Crystal Costner and William Costner the same. Crystal Costner is Burdick’s girlfriend and initially was charged in the case. William Costner is Crystal Costner’s father and the owner of the mobile home where the meth lab was located. Marsh also said there was no victim. “Basically this is a victimless crime, your honor,” Marsh said. “The state of Kansas is the victim.” 
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