'Shocking, disturbing.' Judge sends frat brothers, partner to prison over UK drug scheme

A judge denied probation and sentenced three Lexington men Friday to prison for their roles in the robbery and assault of a "mule" hired to transport marijuana from Colorado to Kentucky.

The victim was forced to strip naked, made to snort a Xanax pill, and was robbed and beaten at gunpoint in the south Lexington house of Ethan Hatfield, son of Chevrolet dealer Rod Hatfield.

Zachary Costin, 22, was sentenced to seven years in prison after pleading guilty to amended charges of felony theft, conspiracy to trafficking in marijuana, unlawful imprisonment and misdemeanor assault.

Ethan Hatfield, 21, and John Nathaniel “Porky” Cooper, 37, were each sentenced to five years in prison on amended charges of felony theft, unlawful imprisonment and misdemeanor assault.

However, Hatfield, now enrolled at Transylvania University, will be allowed to take his semester final exams. He must report to jail the next day, May 23.

"I’m completely and fully aware of the heinousness of this crime," Hatfield told Fayette Circuit Judge Thomas Travis in court. "I feel constant guilt and remorse about this every day."

The victim was hired as a "mule" by Costin and Andrew Ward in February 2017 to take 18 pounds of marijuana from Canon City, Colo., to Lexington, where it would be resold on the University of Kentucky campus.

Costin and Hatfield were Sigma Alpha Epsilon fraternity brothers at UK at the time. Hatfield transferred to Transylvania University last year. Costin and the victim are no longer enrolled at UK, a spokeswoman there said.

Judge Thomas Travis cited the “shocking and disturbing facts of this whole episode,” and denied probation because it would “unduly depreciate the seriousness” of the offenses.

The conspiracy fell apart when the "mule" was stopped for speeding in Kansas, and the marijuana was seized by police there. The victim agreed to cooperate with Kansas and Lexington police in an investigation into others involved in the conspiracy.

When the victim returned to Kentucky he told the co-conspirators that police had seized the pot and that he was cooperating with authorities. But they didn’t believe him and decided to force the truth from him by confronting him in the basement of Hatfield’s house.

There he was terrorized, told that his face would be blown off and that he and his family would be killed. Cooper told the victim, "I’m the person hired to kill you." The victim was beaten with red-handled pliers, a hammer and a gun stock, according to court documents.

At one point, the victim was thrown against a wall causing a large hole in the drywall. The victim was only allowed to leave the house after falsely admitting to having stolen the marijuana, and after he agreed to repay thousands of dollars back to the others to cover the loss of marijuana.

The victim’s cell phone, Armani watch, clothing and wallet were stolen and he left the Hatfield house nude. Although he had transported marijuana, the victim was not charged because he cooperated with authorities.

Costin apologized in court for his conduct.

"I wanted to acknowledge my mistakes and say I am sorry for them," Costin said.

David Guarnieri, Hatfield's attorney, noted that the victim voluntarily went to the Hatfield house, and that he didn't contact Lexington police before doing so. Guarnieri also noted that Hatfield had no prior criminal convictions, and that Hatfield was "not part of the ongoing drug-trafficking activity."

The Colorado couple who sold the marijuana to the Kentucky men were charged and prosecuted but an assistant county attorney did not know the disposition of that case. The marijuana did not come from a legal marijuana retail store in Colorado but from an illegal growing operation, prosecutors said.

Ward, 22, is scheduled to be sentenced May 18 by Judge Travis. According to his plea agreement, Ward faces a potential sentence of two years in prison on an amended charge of conspiracy to trafficking in less than 5 pounds of marijuana.

This story was originally published May 11, 2018 at 11:23 AM with the headline "'Shocking, disturbing.' Judge sends frat brothers, partner to prison over UK drug scheme."