La Plata, MD – Sometimes you canโ€™t buy a break. Sometimes the judge gives you one.

For Charles Raymond Skinner, 76 of Brandywine, it was a little of both as the elderly man, walking with a crutch, faced Charles County Circuit Court Judge Helen I. Harrington for sentencing Wednesday, Nov. 18.

Skinner was facing charges of possession of cocaine and possession of a firearm with a qualifying restriction.

Once defense attorney Bruce Johnson explained how Skinner ended up facing felony charges, it was up to the judge.

โ€œI took a lot of grief from Mr. Skinnerโ€™s family about this plea,โ€ Johnson admitted. โ€œMr. Skinner was asleep on the couch in the home of one of his family members. Unbeknownst to him, there was a gun underneath the couch. At one point, Mr. Skinner did move the gun to get a better position on the couch. As the court is aware, that is enough to constitute possession.

Johnson said that neither the drugs or the weapon were Skinner’s, but belonged to another family member.

โ€œItโ€™s not the crime of the century,โ€ he told the court. โ€œIn my opinion, you can see Mr. Skinnerโ€™s age. He has health concerns. Incarceration would serve no purpose. Itโ€™s a perfect case for unsupervised probation. He is not a threat. There is no indication he used the weapon in any way.โ€

โ€œThe next time you stumble across a gun or firearm, you donโ€™t move it so you can be more comfortable,โ€ Harrington said โ€œHave someone else move it.โ€

The judge sentenced the defendant to five years on the firearm charge and four years on the possession of cocaine charges. She suspended all of that sentence and imposed three years of unsupervised probation.

โ€œIโ€™m departing from the guidelines not only because he is 76, but because of his health,โ€ Harrington said. โ€œI can see nothing to be served by imposing active jail time.โ€

Contact Joseph Norris at joe.norris@thebaynet.com