York teen sentenced after pleas to gun, drug charges

YORK -- A York teen on probation for a weapon-related charge has pleaded guilty to a drug charge and another weapon charge.

Fate McClurkin Jr., 17, of 589 Thickett Run pleaded guilty to possession with intent to distribute marijuana within proximity of a school or park during a hearing Tuesday at the Moss Justice Center. The felony charge could carry up to 10 years in prison, Assistant Solicitor Erin Joyner said.

McClurkin also pleaded guilty to possession of a gun on school property, a felony that could carry up to five years, Joyner said.

Judge Michael Nettles of the 12th Circuit in Florence handed down a three-year sentence for the drug charge. McClurkin also received three years on the weapon charge. The latter sentence will run concurrent with the first sentence, Joyner said.

Attorney Philip Jamieson found fault with Nettles' decision, which included revoking McClurkin's probation, he said. McClurkin was on probation for unlawful possession of a handgun by a person under 21.

"It was a stiffer sentence than I thought the charge warranted, given my client's age and lack of prior record," Jamieson said after court.

Jamieson is considering whether he will appeal Nettles' decision.

Anthony Shannon, who was shot by McClurkin on April 12, 2006, later told officials the shooting was self-defense, Joyner said. Later, McClurkin pleaded guilty to the weapon charge and a judge handed down a five-year sentence suspended on five years probation.

The latest charges stem from an incident that happened July 4 on Galilean Road near downtown York.

"The police saw him walking down the road," Joyner said about McClurkin, for whom they had an arrest warrant. "They advised him they were going to put him under arrest. He ran."

Police caught McClurkin after a brief foot chance that ended on property that houses York One Academy, Joyner said.

According to an incident report from the York Police Department, McClurkin had a fully loaded gun in his pocket as well as $681. Police also recovered nearly 15 grams of marijuana that was bagged in eight individual bags, according to an arrest warrant.

In addition to the drug and weapon charges, police also charged McClurkin with resisting arrest, unlawful carrying of a pistol and possession with intent to distribute marijuana. Those charge were dismissed as part of the plea deal, Joyner said.

McClurkin, who remained in custody Tuesday at the York County Detention Center, will be transferred to a state jail within two weeks.