CHARLOTTE – Telling a North Carolina judge that they have learned their lesson, two former Earnhardt Ganassi Racing crewmen avoided jail and were sentenced to 18 months probation Wednesday for possession of marijuana.
Trevor Lysne and Jerome Frey appeared in North Carolina Superior Court on charges stemming from their arrest Aug. 9, 2011, after authorities seized 10.62 pounds of marijuana from an apartment that belonged to Lysne.
Lysne, a former EGR tire changer for Juan Pablo Montoya, and Frey, a mechanic, were charged with trafficking marijuana and possession with intent to sell and distribute marijuana. Lysne also faced an additional charge of maintaining a dwelling to sell a controlled substance.
Those charges were reduced as part of a plea agreement. Frey, 28, and Lysne, 41, pleaded guilty to one felony count of possession of marijuana. The judge could have sentenced each of them to up to 15 months in jail.
Instead as part of the plea agreement, Judge Yvonne Evans sentenced them to 18 months supervised probation and fines, court costs and fees totaling at least $900 for Lysne and $600 or Frey. As part of the plea, they could have the charges dismissed and their records cleared once they successfully complete probation.
Both were fired by the team and suspended by NASCAR after their arrests for possession of marijuana. Both have landed employment outside the racing industry.
“I’ve learned a valuable lesson,” Lysne told the judge. “I lost [my] job and embarrassed my friends and family.”
Neither Frey nor Lysne had any prior convictions.
“All I can say is I learned the greatest lesson I can learn,” Frey told the judge. “I disappointed my entire family.”
According to assistant district attorney Matt Avery, law enforcement received information about a possible marijuana delivery through FedEx to a Huntersville, N.C. apartment.
After the box was dropped off, the FedEx deliveryman told police that he delivered to the address about every three weeks. Police asked to search the premises and found bags of marijuana and a scale.
After the hearing, Lysne attorney Allen Brotherton wouldn’t elaborate on the circumstances of the arrest but said it was in the best interest of Lysne to enter a plea in which there is not admittance of committing the crime but there is admittance of evidence where he could be found guilty. The charges would be dismissed if he successfully completes probation.
“This was a good compromise,” Brotherton said. “There were some significant defenses, but this was a good resolution.”
Frey's plea agreement defers his guilty judgment, and his record would be cleared once he successfully completes probation.
Lysne and Frey could return to NASCAR by completing NASCAR’s Road to Recovery program, where they must complete a prescribed rehabilitation program following an evaluation by a substance abuse professional