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Man fails drug test, goes to prison
A 36-year-old Gaffney man likely couldn't have picked a worse time to fail a drug test.
Frederick Antwan Marks, whose address is listed in court records as Parris Street, pleaded guilty in Cherokee County General Sessions Court on Tuesday to a felony driving under the influence charge that had been levied against him for a car crash that severely injured Gaffney Building Inspector Donald Elder.
Marks acknowledged through his guilty plea that he was under the influence of marijuana at the time of the crash.
During Tuesday's court hearing, Circuit Court Judge Mark Hayes asked Marks what a drug test would show today, informing him that the test would detect any drugs he had used during the previous 30 days.
Marks replied that he only was taking prescription medication and the judge ordered an immediate drug test before passing sentence.
Hayes was informed minutes later that Marks tested positive for marijuana. Marks' statements in court and the test, the judge would later tell him, "greatly affected" the sentence Marks received.
Hayes sentenced Marks to 15 years in the state Department of Corrections, suspended after the service of eight years and five years probation. Marks also was fined $5,100.
The charge against Marks stemmed from a July 15 crash during which he reportedly ran a stop sign at Anthony and Kay streets and struck a vehicle driven by city building inspector Elder. Both cars ended up in the front yard of an Anthony Street home.
Both men suffered serious injuries.
Tests sought by police showed Marks had been under the influence of marijuana.
Principal Deputy Solicitor Barry Barnette of the 7th Circuit Solicitor's Office, who prosecuted the case, said after the hearing the Elder family was happy to get the case behind them.
"It's a miracle (Elder) is alive," Barnette said, adding that Elder spent weeks in the hospital, including 17 days in intensive care, and still is recovering.
"He looks well," Elder's wife, Jill, said in court about her husband. "(But) He's not 100 percent yet and probably won't be for some time."
Donald Elder did not address the court.
Marks apologized to Elder and his family. "I am truly sorry for what happened," he said. "This was an accident. I didn't mean for it to happen."
Defense Attorney Scott Davis said Marks suffered a broken neck in the crash and also is still recovering from his injuries. Davis noted there was no alcohol or other drugs involved and that the levels of marijuana shown in the post-crash test results made the case triable. However, he said Marks accepted his responsibility and asked the court to take Marks' acceptance into consideration.
Unfortunately, Barnette said after the hearing that he's seeing more and more DUI cases involving substances other than alcohol, such as marijuana, cocaine, crack and methamphetamine.
"These drugs are just as dangerous as alcohol (behind the wheel), if not more so," he said.







