FALLS CITY – District Judge Julie Smith said Tuesday the court recognizes a presumption of probation for non-violent drug possession, but sentenced a 55-year-old Humboldt woman to 60 days in county jail for possession of methamphetamine last August.
Court records says Richardson County Sheriff Rick Hardesty arrested Mindy Scott following a probation search of her residence and personal clothing.
Deputy Richardson County Attorney Samantha Scheitel said while Scott does not have a felony record dating back before her first meth arrest in Nemaha County, she was in abscond status with probation at the time her Humboldt residence was searched.
Scheitel: “She does not appear motivated to change. While I think she would benefit from probation … she does not show that she would be compliant.”
Defense Attorney Steven Mercure said she is afflicted by the disease of addiction more than anything else. He said the best course of action is probation with waivable jail time.
Judge Smith had sentenced Scott to three years probation after meth pipes were found in her purse in Auburn. She said waivable jail time did not work in that probation and said Scott ranked high in pro-criminal attitude in her presentence investigation.
She agreed with Scheitel regarding Scott’s willingness to change.
Smith referenced Scheitel’s comment that Scott told probation that the case should be dropped because she is not a big fish.
Scott interrupted the judge against Mercure’s objections to say she could not comply with demands of probation officers.
Smith noted that the meth conviction carries a maximum of two years in prison, but ordered a jail term that will go about 49 days with good time.
Smith: “I don’t think this warrants a prison sentence in York because of your limited criminal history.”
The judge denied Scott’s request to turn herself in for the jail sentence at a later date.
