A former St. Clair County Sheriff’s Department narcotics undercover agent pleaded guilty to drug charges Monday morning.Jason Kelly, 31, pleaded guilty to two counts of attempting to possess a controlled substance, both Class C felonies.
Under a plea agreement reached with the state, Kelly was sentenced to serve two 18-month sentences concurrently, or at the same time, for his drug convictions. However, if Kelly successfully completes a drug court program, his convictions are to be expunged from his record.
“I’m very disappointed, but I’m glad you’re going to get another chance,” Circuit Court Judge Charles Robinson told Kelly after he sentenced the former sheriff’s deputy, who worked as a county undercover drug agent. “There’s no question, you have paid for your mistake.”
If Kelly fails the drug court’s program, he will serve 18 months in prison, according to the agreement.
Barry Matson, the special prosecutor appointed to the case, said that under the plea agreement, Kelly will never again work in law enforcement and his police certification was immediately pulled permanently.
Matson, who is currently with the Alabama Office of Prosecution Services, was appointed to the case by the state Attorney General’s Office after the St. Clair County District Attorney’s Office recused itself from the case because of its close relationship to the defendant.
Kelly’s attorney, Van Davis, said his client already volunteered to put himself through a drug rehabilitation program and has tested negative for drugs when tested by the court.
Kelly is expected to appear in drug court next week.
“He’s made a terrible mistake, and he’s paying for it,” Robinson said, wishing Kelly the best in his drug treatment program. “Good luck to you.”
Matson, who was a former prosecutor for the Talladega County District Attorney’s Office, said Kelly attempted to purchase prescription drugs on Aug. 15, 2006, from two drug stores, one in Branchville and another in Ashville, using his county Sheriff’s Department badge as identification.
At the time of his arrest, Kelly admitted to the crimes he was charged with. He resigned from the Sheriff’s Department Oct. 15, after exhausting his annual leave and vacation time.
Kelly worked for the Sheriff’s Department for about 10 years.
Robinson said that, while Kelly remains in the drug court program, he must remain drug and alcohol free. Kelly is required to appear at all hearings on time and maintain employment.
Kelly will have to submit to scheduled and random drug tests. He must also perform 50 hours of community service.
Kelly may not have any contact with people selling or using drugs and cannot have a firearm in his possession. He must also live in St. Clair County while in the drug court’s drug and alcohol program.
