They went to jail for ‘shocking’ beating of drug courier. Why a judge released them early.
A judge granted early release from jail to four men who were sentenced for their roles in the hiring, robbery and assault of a “mule” enlisted to transport marijuana from Colorado to Kentucky.
John Nathaniel “Porky” Cooper, Zachary Costin, Ethan Hatfield and Andrew Ward were all granted shock probation after serving a portion of their sentences behind bars.
Fayette Circuit Judge Thomas Travis granted shock probation to Ward on Aug. 7, to Hatfield and Costin on Aug. 30, and to Cooper on Sept. 10, according to court records.
Defense attorneys for the four said in court papers that their clients were remorseful, that they wished to continue their education and/or return to their families, and that there was little likelihood that they would commit another criminal offense.
Travis had no comment Tuesday on the shock probations for the four men. Fayette County Attorney Larry Roberts and his assistants were special prosecutors in the case. Court records said prosecutors did not oppose shock probation.
Under the terms of the release, the four are to complete 15 hours of community service each year for five years; they are to possess no firearms or weapons of any type; and they are to have no direct or indirect contact with the victim.
At the time of their sentencings in May, Travis cited the “shocking and disturbing facts of this whole episode,” and denied probation at that time because it would “unduly depreciate the seriousness” of the offenses.
The victim was hired by Costin and Ward in February 2017 to take 18 pounds of marijuana from Canon City, Colo., to Lexington, where it would be sold on the University of Kentucky campus.
Costin and Hatfield were Sigma Alpha Epsilon fraternity brothers at UK at the time.
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 Costin, Hatfield and Cooper didn’t believe him and confronted 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, according to narratives found in the court record. He was beaten with red-handled pliers, a hammer and a gun stock, was forced to strip naked, made to snort a Xanax pill and was robbed at gunpoint, court records say.
Costin, 23, was sentenced to seven years. In a handwritten letter in the court file, Costin wrote: “So in closing, I’m begging you, Judge Travis, to see that I am not the terrible person that the situation has portrayed me as, and that I will do so much more good in the world than bad.”
Ward, 23, along with Costin, purchased the marijuana and then paid the mule to transport it to Lexington; Ward was not involved in the beating and robbery of the victim. Ward was sentenced to two years on amended charge of conspiracy to trafficking in less than 5 pounds of marijuana.
“It is clear Drew has learned from his mistake,” wrote Ward’s attorney, Franklin Paisley, in a motion to the judge. “Drew hopes the court will grant him the privilege of shock probation to allow him to turn the page on this unfortunate chapter in his life, complete his education, and become a productive member of society.”
Cooper, 38, who was sentenced to five years, is the father of five and raises two additional children. Letters from a brother, ex-wife, daughter, son, and the mother and grandmother of the two youngest children were included in the court file. All sought to have him released.
“Cooper regrets his involvement in this unfortunate incident and its impact on the victim,” wrote defense attorney Joseph D. Buckles.
Hatfield, 21, was also sentenced to five years, and served time in the Franklin County jail.
“He has been made to see what kind of life lays ahead of him if he ever commits a criminal act again, and has dedicated himself to ensuring that he never returns to this position,” defense attorney David Guarnieri wrote in a motion for shock probation.
“If granted the privilege of probation, Ethan will continue to take the steps necessary to put this behind him and become a productive member of society again.”
This story was originally published September 19, 2018 at 11:50 AM.