Gabriel Benitez, 19, also has been ordered to pay a $1,000 fine.
Benitez, who was 18 at the time of the offense, is accused of selling less than one gram of cocaine to an undercover sheriff's department deputy at A.C. Jones High School on March 6, 2008.
The undercover officer said he met Benitez in the young man’s third period advisory class, according to a police report.
The officer said Benitez took a small digital scale out of his backpack and pulled a small bag of what appeared to be cocaine out of one of his pockets while conducting a sale with another person during the advisory period.
“Gabriel placed the scale on his desk and removed a plastic baggie with a white powder substance from his right jean coin pocket,” the officer reported.
Benitez told the undercover officer that the baggie was filled with cocaine and was worth $50.
The officer arranged to purchase the cocaine later that day.
During lunch period that day, the two made the transaction in the boy’s restroom in the school’s cafeteria, the report revealed.
The arrest was the result of an ongoing investigation of narcotic trafficking at the high school by the Bee County Sheriff's Department.
Benitez was indicted on a charge of delivery of a controlled substance, less than one gram of cocaine, a third degree felony offense punishable by up to 10 years in prison and a $10,000 fine.
He was also indicted on two counts of delivery of a controlled substance, less than one gram of Diazepam, a prescription sedative better known by its trade name Valium, which is third degree felony offense.
The charges were enhanced from a state jail felony offense because the crime occurred in a drug free zone.
Benitez accepted a plea bargain with the district attorney’s office in February that called for him to admit guilt in the case in exchange for having his punishment capped at eight years for each count and one fine of $1,000.
Benitez also waived his right to a jury trial.
Beeville attorney Boyd Bauer represented Benitez.
Bauer called two of Benitez’s family to testify on his behalf.
Benitez’s first cousin and uncle said they were shocked to learn he had been arrested for selling drugs at school. They said he was a good boy who expressed remorse for what he did.
They pleaded with District Court Judge Mike Welborn to sentence the young man to probation rather than prison.
His cousin said Benitez, although 19, was still young mentally and prison would force him to grow up and become adult before his time.
The adult probation department recommended Benitez be sentenced to “shock” probation, which means he would spend several months in prison in hopes prison life would “shock” him into realizing that crime does not pay.
Benitez testified on his own behalf and also said he wanted to be sentenced to probation rather than prison.
District Attorney Martha Warner asked him how he came to have the drugs in the first place.
Benitez said he got the cocaine and a bunch of pills from another person whose car was broken down on the highway. He said the man gave him the drugs in exchange for a ride to Skidmore.
He said the man told him he could sell the cocaine for $50 and the pills for $2 each.
Friends of his told him they knew of someone interested in buying the cocaine, so he took it to school, he confessed.
“It was a stupid, stupid mistake,” he told Welborn. “I didn’t think of the consequences of my actions at the time. It was really stupid.”
He said he sold the drugs to buy gas.
Warner didn’t believe him, and noted he had a digital scale in his backpack when he sold the cocaine.
Benitez said he used the scale to weigh the marijuana he bought, and he just happened to have the scale in his backpack on the day he brought the cocaine to school.
Welborn also seemed to think that the scale and Benitez’s ability to readily sell the drugs was an indication of a continuing illegal business venture.
“What do you think about dealers selling drugs directly at school, Mr. Benitez?”
“I think it’s wrong,” Benitez replied.
“Oh, we all know it’s wrong,” Welborn responded. “What kind of message do you think I should send to the high school kids to convince them not to sell drugs on campus?”
“Not to do it,” Benitez said.
“How do you think I should send that message?” Welborn asked.
“By punishing me,” Benitez replied.
Welborn said he thought a prison sentence and even shock probation would place Benitez among hardened criminals who would only lead the young man further astray. So Welborn sentenced the young man to 60 days in jail so that he would get a taste of life behind bars, which hopefully would convince him to turn his life around.
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