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thedrifter
11-08-08, 11:04 AM
Troubled ex-Marine gets probation

By Kevin Graham, Times staff writer

Published Friday, November 7, 2008 10:33 PM

TAMPA — Steven Lee Fickey doesn't hear voices inside his head anymore, he said Friday in court.

The former Marine lance corporal takes anti-psychotic medication to stop them. Another prescription has helped curb his seizures, described by his defense attorney as a catalyst for his criminal behavior.

Fickey, 30, pleaded guilty in August to fraud and to stealing the identifies of other Marines. Prosecutors said he used the names of current and former Marines to open accounts with the Army and Air Force Exchange Services and purchase more than $100,000 in electronics, china and filet mignon.

Fickey faced 12 to 18 months in prison. As of Friday, he had already spent about 14 months in custody, defense attorney Rochelle Reback said.

"I feel like he has been adequately punished by being incarcerated for that period of time, and I feel that probation would be sufficient," U.S. District Judge Richard Lazzara said.

He also ordered Fickey to pay more than $76,000 in restitution.

Assistant U.S. Attorney Thomas Palermo called Fickey an unrepentant thief with the potential to commit more crimes if released.

But Reback asked the judge to offer help instead of prison for Fickey's mental problems. Dr. Michael Maher, a psychiatrist who has evaluated Fickey, said Fickey suffers from partial complex seizures.

"Regardless of the criminal behavior involved in this case, this case is a case of an otherwise healthy U.S. service veteran who developed a debilitating neurological problem," said Maher, who was prepared to testify had the judge asked to hear from him.

Maher said the seizures cause Fickey's brain to have "abnormal electrical activity," which led to episodes of obsessive-compulsive buying and hoarding. Since he was placed on medication, Fickey's mental health has stabilized, Maher said.

Lazzara put Fickey on probation for five years, ordering that he spend the first six months at a halfway house in Tampa as soon as a bed becomes available. The judge said that will allow Fickey to receive treatment for his mental health problems while he looks for a job and a place to live.

Kevin Graham can be reached at kgraham@sptimes.com or (813) 226-3433.

Ellie