Man protests ‘inhumane’ jail treatment, gets more time

A Bloxom man in court on charges of possession of heroin and probation violation was sentenced to three years and six months in the penitentiary.

However, on the witness stand, Brian Clayton, 30, spoke mostly about what he called “inhumane” treatment in jail and very little about his newest criminal charges.

Clayton said he was on “permanent lockdown” for repeatedly fighting with his cellmates, justifying his actions by saying he had to watch a certain channel “every day for six months” and to listen to a certain type of music he apparently didn’t like.

Clayton also complained of not being able to watch NASCAR races He said temperature in his cell was between 95 and 100 degrees, his sink was stopped up, and the food was unacceptable.

“I’ve lost 40 pounds since January,” he told the court “A man can take but so much.”

Clayton pleaded guilty to possession of heroin and possession of drug paraphernalia. Police found numerous small packets of heroin and a syringe when he was arrested last August.

The August possession charge, along with several failed urine screens, caused his probation to be revoked.

Defense attorney Garrett Dunham told the court his client’s behavior while in jail should not be considered in sentencing, asserting the jailer’s reports contained “a large amount of opinion.”

Judge W. Revell Lewis III asked Deputy Commonwealth’s Attorney Matthew Brenner for his opinion.

“All of the defendant’s behavior — at all times — is relevant when he is on supervised probation,” Brenner answered.

He said the reports called “opinions” by Dunham were reports made by officers who witnessed Clayton’s behavior while in jail.

Dunham admitted his client “had poor behavior in jail,” but he called it, “a very difficult environment.”

Clayton had anger issues because he was living like “a caged animal,” in “almost Third World conditions,” Dunham said.

“Anger issues grossly understates the problem,” Brenner said.

He told the court that, while incarcerated, Clayton had threatened a deputy and his wife and daughter.

“He needs a lengthy sentence,” Brenner said.

Lewis apparently agreed. He sentenced Clayton to active time of nine months for possession of heroin use, three months for possession of paraphernalia and two years with six months of time previously suspended from an earlier crime.

Clayton will spend a total of three years and six months in the penitentiary.