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Drug injector may be freed by October By JESSICA SMITH A Phoenix woman says she's "outraged" that the man who played a role in her son's drug-induced death may be released after serving less than a year in prison. Phillip H. Bendell, 31, could be out by Oct. 2 if he completes a state Corrections Department "boot camp" in North Bend. In November, he pleaded guilty to a charge that he delivered drugs to a minor and was sentenced to 21/2 years in prison. "I'm really quite bitter at the moment," said Vicki Kelly, the mother of 17-year-old Tommy, who disappeared in January 1999 after Bendell injected him with methamphetamine while the two were at a party. About 18 months later, the boy's remains were found in an orchard creek bed near his home. "Eleven months for my son's life," Kelly said. "It hurts." Kelly said she knew the sentencing order gave state corrections officials the authority to place Bendell in an "alternative incarceration program." But she said she didn't expect the man to serve less than a year. "We wanted Phillip to get drug treatment, but we didn't understand that this would take three-quarters off the sentence," she said. "I'm just blown away at the judicial system at the moment." According to prosecutor Matt McCauley, the district attorney's office signed off on an agreement that included provisions for early release because Bendell accepted a stiffer-than-normal penalty. The case prompted a pair of laws in the Oregon Legislature this year, including one that would make injecting a minor with drugs a Class A felony punishable by five years in prison. Gov. John Kitzhaber has yet to sign that bill. Meanwhile, Bendell was accepted into an intense, six-month rehabilitation program and transferred April 2 to the Shutter Creek Correctional Institution. Bill Beers, Shutter Creek superintendent, said Bendell apparently has had no trouble adhering to the program's stringent guidelines. "The fact that I don't know him is good," said Beers. "It appears he's meeting the standards." At Shutter Creek, inmates wake every day at 5:30 a.m. to undergo drug counseling, anger management treatment and participate in other rehabilitative programs. Inmates also work on supervised crews, clearing brush and performing other laborious tasks. If Bendell completes the program, he will be placed on a 90-day transitional leave in Jackson County. Once that's over, he likely would be placed on probation for three years, Beers said. Beers said he may not have admitted Bendell to the program had he known the circumstances surrounding Bendell's conviction. Shutter Creek does not accept inmates whose crimes led to the injury of another person. Though Bendell admitted he administered a drug to Tommy Kelly, he was convicted of delivering a controlled substance to a minor, a charge that is not considered a person-to-person offense. "On the face of it, it's a drug charge," Beers said. "We have the authority to put him in the program ... so here he is. The guy got here fair and square." Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.