SMETHPORT – A former Bradford couple received probationary
sentences Wednesday in McKean County Court five years after they
were charged for growing marijuana in their South Avenue home.

Dena Tankersley, 38, and Timothy Tankersley, 36, were each
sentenced to three years of probation from a March 6, 2001, house
fire where more than 200 marijuana plants were taken from their
home. The fire was caused by a faulty generator setup used for
growing the marijuana, according to court records.

The mitigated sentences for both were due to several reasons,
explained President Judge John Cleland.

“This is a serious case involving a large amount of marijuana,”
Cleland said. “The fire endangered potentially your own children,
the volunteer firefighters involved in fighting the fire and
yourselves, for that matter.

“Had you been sentenced at that time, you probably both would
have received state prison sentences,” Cleland said. However, in
the time that has passed, many things have taken place that need to
be considered, he added.

He said the district attorney’s office agreed to waive mandatory
sentences in the cases in exchange for an agreement for both
Tankersleys to cooperate in the investigation and prosecution of
numerous other people involved in the drug trade in McKean
County.

“Some 30 prosecutions came from your cooperation,” Cleland said.
“You traveled back and forth from Chester County, Delaware County
to be involved.”

He added that in his years as a judge, he has heard many people
say they want to “leave it all behind them and start over.”

“You really did it. You moved out of the area and started over,”
Cleland said to the couple. Timothy Tankersley was working on
gaining his CDL, but was seriously injured in an auto accident in
2004. He is permanently disabled and housebound from his injuries,
Cleland said.

“The reason you were not sentenced before is because the ongoing
prosecutions were under way,” the judge added. After that, “it was
apparent Mr. Tankersley was in no shape to participate knowingly in
his sentence.”

Cleland referred to the “huge regimen” under way of psychotropic
and psychiatric drugs needed to treat Tankersley’s “static
condition … not likely to improve.”

The judge said he considers it highly unlikely that the couple
would participate in similar crimes and added that the two had
already obtained correctional treatment – such as drug
rehabilitation – at their own cost long ago.

However, Cleland said, he had to consider a sentence which would
not deprecate the seriousness of the crime. Referring to the large
drug problem the county faces, Cleland said, “You were certainly
principles in creating and maintaining that problem.”

But they both cooperated in testifying against others involved
in the drug trade as well.

And then, Cleland said, he had to consider that if he sent
either Tankersley to jail, that would create problems for
taxpayers.

“Who would care for your children?” he asked. “If I send Mr.
Tankersley to jail, there would be tremendous medical expenses the
state would be required to pay.”

Cleland warned both of them that a probation violation will mean
a harsh penalty.

Alexander Jamiolkowski of Pittsburgh represented Timothy
Tankersley; John Zagari of Pittsburgh represented Dena
Tankersley.