Down for the Count: Defendants sentenced in Black Guerrilla Family case

By Van Smith

Nov. 25, 2009

“What’s up, ma!” Marlow Bates (pictured) calls out to his mother seated in a courtroom gallery.

“Love you, too, Marlow,” she calls back, as Bates is led off by federal marshals to begin a 46-month sentence for his role in an alleged drug-dealing conspiracy led by the Black Guerrilla Family (BGF) prison gang (“Black-Booked,” Feature, 8/5/2009).

The mother-and-son exchange occurred on Nov. 17, after the 23-year-old Bates appeared before U.S. District Court Judge William Quarles to hear his sentence for his involvement in the conspiracy.

On Aug. 28, Bates pled guilty to being part of the conspiracy, and as part of his plea agreement, he admitted to being “determined to be engaged in the distribution of narcotics” on behalf of the BGF and its Maryland leader, veteran inmate Eric Brown, “inside the Maryland Correctional System and in Baltimore City.” He also admitted to conspiring to distribute “more than 40 grams, but less than 60 grams of heroin.”

Bates has been detained since April, and his stint in prison appears to have improved both his health and his outlook on life: In court, he is alert and smiling, and his hair is neatly cropped. This is in stark contrast to his booking photo, taken when he was arrested, in which he looks worn and haggard–a comparison Bates’ attorney, Christopher Davis, points out to the judge during the hearing.

“I’m astounded at how different he is than how he looks in the photo that appeared in the City Paper,” Davis says, eager to convince the judge that Bates “sees something very, very wrong with how his life has been going.”

Davis tells Quarles that Bates’ “chaotic upbringing” and “rocky road” as a youngster contributed to the circumstances that led to his arrest. The attorney contends that his client’s incarceration served as “a wake-up call” for the young man, who “entered a very early plea in this case, and has readily accepted responsibility.”

Bates was the second of seven BGF defendants to plead guilty, and the second to appear for sentencing. The first was Lakia Hatchett, who entered her guilty plea on Aug. 27 and received her sentence–18 months in prison, followed by two years of supervised release–on Nov. 13. Court records show that agents seized 10 grams of heroin and two scales when they searched Hatchett’s Charles Village apartment in April.

According to her plea agreement, the 29-year-old Hatchett was “a wholesale customer of heroin from Kevin Glasscho,” the accused leader of the BGF’s drug-dealing activities on the streets, and “conspired to distribute more than 20 grams” of the drug. A pre-sentence memorandum to Quarles emphasized Hatchett’s acceptance of responsibility, remorse, and cooperation with authorities, while making note of her 4.0 grade-point average in high school, her college coursework, and her employment history aiding the developmentally disabled.

When it comes time for Bates to speak for himself, he tells Quarles, “I just want to apologize.”

Assistant U.S. Attorney Clinton Fuchs recommends a prison sentence of 46-57 months for Bates–the amount suggested by the federal sentencing guidelines. Quarles rules that “the low of end of the guideline is appropriate” and orders Bates to prison for 46 months, followed by three years of supervised release, with conditions that he participate in drug-and-alcohol treatment and screening, along with training to receive his GED.

Afterward, outside the courtroom, Bates’ friends and family listen as Davis explains that the sentence is much better than the 30 to 40 years that others in the case are likely to face, should they be convicted by a jury.

Davis confirms, when asked by a reporter, that his client is the son of Marlow Bates, a famous drug-dealer in Baltimore’s crime annals, who is still serving a sentence that began in the 1980s.

“That did not help when he was arrested,” Davis says.

The elder Bates’ fame was elevated by the HBO series The Wire, which portrays a drug-dealing character named Marlo Stanfield. According to a 2006 City Paper interview with The Wire‘s David Simon, the character’s name is a composite of the elder Bates and Timirror Stanfield. Both were targets of Wire co-creator Ed Burns when he was a Baltimore Police detective.

In addition to Bates and Hatchett, five other BGF co-defendants have pleaded guilty, leaving 17 who remain headed for trial. A 22-year-old former prison guard, Asia Burrus, entered her guilty plea in September, admitting to helping the BGF’s prison-based drug conspiracy. Also in September, 41-year-old Darryl Dawayne Taylor (the son of BGF co-defendant Joe Taylor-Bey) admitted to helping move BGF drugs. In October, former prison guard Musheerah Habeebullah, 27, and former correctional employee Takevia Smith, 24, entered their pleas. And on Nov. 12, 26-year-old Terry Robe–another former prison guard who, according to a plea agreement, was caught trying to smuggle to cell phones into prison for Eric Brown–admitted her guilt.