A Scranton man was sentenced to jail and probation following a jury conviction of drug charges in Greene County District Court.

Judge Joseph McCarville ordered 23-year-old Kole Higgins to serve 90-days in the Greene County Jail for the least punishable charge of a serious misdemeanor for unlawful possession of a prescription drug without a prescription. Judge McCarville then suspended all of the prison sentences for the other offenses that a jury convicted Higgins on August 29th including: three Class D Felonies for failure to affix tax stamp, possession of marijuana with intent to deliver and gatherings where controlled substances are used, and an aggravated misdemeanor for his second offense for possession of a controlled substance. For the aggravated misdemeanor charge, Judge McCarville imposed 180 days in a residential correctional facility, followed by two years of probation. For the three felonies, Higgins will serve three years of probation.

Assistant Greene County Attorney Thomas Laehn was the prosecutor and he argued for a one-year prison sentence, followed by a period of probation. Higgins’ defense attorney Mark Rasmussen argued for probation. Judge McCarville gave his remarks in court as to why he imposed the sentence. He said the sentence was in line to rehabilitate Higgins, while also protecting the community from his actions. McCarville also made comments when he was reading his sentencing and spoke directly to Higgins saying that he was “very lucky I’m not sending you to prison.” He also said “My only consideration is ‘Am I being tough enough on you?’”

Laehn believes the sentence was fair, and says this continues his effort to put an end to the illegal drug issues in the county.

“We are working aggressively with the Greene County Sheriff’s office and the Jefferson Police Department to shut-off the pipeline of drugs into Greene County. A jail sentence sends the message to other drug dealers that they will not get a ‘get out of jail free’ card. That if they are caught, they will be prosecuted and they will face periods of incarceration. And followed by, hopefully, efforts to ensure their rehabilitation.”

Higgins was also ordered to pay over $1,000 in fines, court costs, court-appointed attorney fees, surcharges and probation enrollment fees. Judge McCarville declined to comment.