June 23, 2009 11:04 pm
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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.”
Assistant Kansas Attorney General Steven Wilhoft, who prosecuted Burdick, said the different treatment of the individuals was the right of a prosecutor.
“Some things in life may not be fair, but that’s prosecutorial discretion,” Wilhoft said.
Wilhoft said he disputed Marsh’s claim that there was no victim.
“There is a victim here,” Wilhoft said. “The victims are the addicts, including Crystal Costner and William Costner, that Mr. Burdick made.”
Lynch denied Marsh’s motion for a reduced sentence, adding that they could spend a long time debating whether the crimes had victims.
Burdick will be sentenced next month in Crawford County. Marsh said after the hearing that because of the requirements that the sentences from the two counties be served consecutively, Burdick may never get out of prison.
“Basically, we’re talking about life in prison,” he said.
Other charges
Benjamin Burdick was convicted in April in Crawford County on charges including meth manufacturing, aggravated child endangerment and possession of meth ingredients.
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