Ms. Gaspar gets jail, then treatment on drug dealing charges
After warning that he would send her to state prison for 10 years if she gets in trouble again, Dukes County Superior Court Associate Justice C.J. Moriarty sentenced Rosaline Gaspar, 25, to two years in a state House of Correction, after she pleaded guilty to two charges of drug dealing in October.
The judge signaled he may be willing to revoke the sentence when a bed becomes available in a drug treatment program at an established facility on Cape Cod. He also sentenced her to four years of probation, with 12 strict conditions attached.
"It is one break," said Judge Moriarty, "and your only break."
Ms. Gaspar was arrested on November 18, 2008, as the Martha's Vineyard Drug Task Force executed a search warrant at the home of Kenneth and Nina Garde, at 139 West Spring Street. According to police reports and court testimony, Ms. Gaspar drove up to the house while police were searching, then fled in her car. She admitted in court that she threw small packets of drugs out of her car near the Tisbury School as she fled. She was apprehended a short distance away. She was one of six people arrested that day. Ms. Gaspar was the girlfriend of Caleb Garde, who was sentenced to five years in state prison.
Ms. Gaspar pled guilty to possession of heroin with intent to sell, and possession of cocaine with intent to sell, as part of a plea agreement in Superior Court, on October 5. She has been jailed since then at the Barnstable County House of Correction. As part of the plea agreement, the Barnstable County probation department evaluated Ms. Gaspar to determine if she is a suitable candidate for a drug treatment program.
In court last Thursday, Judge Moriarty praised the pre-sentencing report from the probation department. "It is very well done, very thorough," Judge Moriarty said.
On the basis of that report, Cape and Island assistant district attorney Laura Marshard recommended drug treatment at an in-patient facility, and probation.
Judge Moriarty sentenced Ms. Gaspar to two years in a House of Correction. He said he did that so she would be jailed while awaiting an opening in a drug treatment program. When a bed opens at an in-patient facility, the judge instructed Ms. Gaspar's attorney to return to court and ask that her two-year sentence be revoked, and that he would be willing to grant that motion.
Judge Moriarty imposed four years' probation, beginning last Friday, the day of Ms. Gaspar's court appearance. The probation includes some strict conditions. Ms. Gaspar must complete in-patient drug treatment, and she must follow all suggestions for after care. When she is released from treatment, she must go to a structured "sober house." She must participate in level three supervision at the Martha's Vineyard community corrections center, which involves strict reporting and screening, as well as participation in educational and vocational programs. She will have a curfew from 9:30 pm to 6 am. She must abstain from any illegal drugs or alcohol and submit to random drug and alcohol screens. Ms. Gaspar is to seek permanent employment, or enroll in school. She must get mental health counseling. She must pay a probation supervision fee. She must not be present where there are illegal drugs, and she must begin the available substance abuse program while she is incarcerated waiting for in-patient treatment.
"Let me be very clear to you," Judge Moriarty said, turning to directly address Ms. Gaspar, who was shackled in the defendant's dock. "The crimes to which you pleaded guilty are not minor. You have inflicted great harm, not only to yourself, and your family, but the people of this Island."
He told Ms. Gaspar that if she fails to comply with even one condition of her probation, he will sentence her to 10 years in state prison, the maximum penalty on the charge of distribution of cocaine.
With that, Ms. Gaspar was transported back to the Barnstable House of Correction to await a drug treatment program opening.