December 2 – An Austin man arrested in November has been sentenced to prison for drug possession.
Rocky Don Phathaem, 36, was sentenced to 67 months in prison, or just over five and a half years, for felony second-degree drug possession, 25 grams or more of cocaine or methamphetamine.
He was given credit for 20 days served and two other charges in a separate case, including possession of a weapon by a felon and fifth-degree drug possession, were dismissed.
The sentence was part of a plea deal reached in late November that reduced the drug possession charge from first-degree drug possession, 50 grams or more of cocaine or methamphetamine.
According to the court complaint, Pathaem was arrested around 1 a.m. on Nov. 12 at the Kwik Trip at 1201 Oakland Avenue West while officers were responding to an unrelated call.
During that call, one of the officers recognized the driver, believed to be a person with an active warrant.
However, the officer also saw Phathaem sitting in the passenger seat, who also had an active warrant. Phathaem was asked to step out of the car and a subsequent search for a fanny pack on him revealed a large package containing a crystalline white substance, later tested to be methamphetamine, weighing 51.5 grams.
Phathaem admitted that he had used it and said that the amount of money he had in his possession usually lasted him about a week, but he denied that he had sold it.
A review of Pathaem’s criminal history shows that previous convictions for third-degree drug sales date from August 9, 2017 and July 11, 2019.
