Daily Advocate

By Meladi Brewer

DailyAdvocate.com

GREEVILLE — Spencer M. Kouts, 32, of Greenville, entered a guilty plea to aggravated possession, a felony of the third degree. Judge Travis L. Fliehman presided.

Judge Fliehman told Kouts that he had every intention of sentencing him to prison that morning being a felony of the third degree.

“I will tell you why I am not,” Judge Fliehman said. “One is you are employed, and two is because you cooperated during pretrial by being clean.”

He said the goal of the whole process is a change of attitude and change of behavior. As Kouts sat there in front of the judge, he felt Kouts had accomplished those changes and prison is not necessary to continue that progress.

Judge Fliehman said the reports show that the case is less serious, but risk of recidivism is likely. When changing his mind from prison to community control, Judge Fliehman took into consideration the testimonies from Kout’s employer, his stepfather, Kout’s himself, the pre-trial supervision investigation report, and counsel’s recommendations.

Defense Attorney Randall Breaden said there was no evidence that his client was trafficking in any way even though the amount in possession was large. His pre-trial supervision investigation came back with positive feedback. Kouts was also given the opportunity to speak.

Kouts read aloud a letter from his step father stating that his stepfather has known him for over 20 years, and in the past few months he has seen Kouts pull his life together better than he ever has. His stepfather advocated that Kouts is a loving father and attends church regularly.

“He has a good job and impresses his employers with his hard work and dedication,” Kouts read.

Kouts advised his sister has seen changes in him and has welcomed him and his family back into their lives. His stepfather said that if the court allows Kouts to continue the progress he has made, he sees Kouts’ future improving. He is proud of Kouts and his dedication to be a better person and member of society.

“From me, I would like to thank the court for my being here. Unfortunately, it isn’t under good circumstances, but I feel like I wouldn’t be alive if I wasn’t here,” Kouts said.

He said he has had two accidents prior to this case where he has totaled both his vehicles.

“I shouldn’t be alive from both of those wrecks, and instead I was able to walk away,” Kouts said. “A month after I got arrested, and I am just thankful that happened. I’m thankful you guys have helped me get my life back together.”

Judge Fliehman sentenced Kouts to a community control sanctions and found it would not demean the seriousness of the charges. He imposed community control for a sanction to not exceed 60 months with 360 days in jail. Of the 360 days, only 20 days were imposed with 20 days credit. The rest of the 340 days were suspended.

Kouts must maintain employment and complete 100 hours of community service. Failure to do so could result in Kouts going to jail for the suspended 340 days or community control could be revoked all together and could find himself in prison. The minimum fine of $5,000 was imposed as well.

“How old are your children, Spencer?” Judge Fliehman asked.

Kouts stated the ages of his four children before the Judge told him that he should be a model for them and to be “somebody they can be proud of.” He told him that he has good support in his life, and he needs to give them his best.

“Life is tough. Drugs are not the way to cope with it,” Judge Fliehman said.

“No it is not. I realize that now. It just makes it all worse,” Kouts said.

Judge Fliehman then asked Kouts how he would feel if one of his children were sitting in his chair to which Kouts replied “devastated.”

“Let’s not give them the opportunity. Let’s not give them the perception that is appropriate,” Fleihman said.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].