SHERIDAN — Two cases will go to trial in June following pretrial conferences, and one other defendant, initially slated to go to trial, changed a plea in 4th Judicial District Court Thursday. Two additional cases featured two scheduled changes of plea.
Black enter pleafor meth charges
Roger Keith Black pleaded not guilty to one count of conspiracy to deliver methamphetamine and four counts of delivery of methamphetamine during his Sept. 28, 2017, arraignment. Counsel had not yet settled on a plea agreement, so unless a resolution can be made, the case will continue to trial.
Court documents said Black sold different weights of methamphetamine to a confidential informant planted by the Division of Criminal Investigation between Sept. 24, 2017, and Oct. 12, 2017.
Prosecution counsel listed 10 possible witnesses and three exhibits to enter for trial. Defense counsel listed five witnesses with the possibility of the defendant testifying during trial. Counsel estimated three days for trial to begin May 29.
No plea deal reached in aggravated assault, battery case
Jeremy W. Herrera pleaded not guilty in district court to one count of aggravated assault and battery.
Court documents said officers responded to a home on East Burkitt Street in Sheridan Dec. 10, 2017, for possible shots fired. Upon arrival, officers observed Arthur Davis with a gun in his hand, which Davis claimed to have taken from Herrera after Herrera misfired while trying to clean the gun.
Herrera was intoxicated with a BAC of 0.3 percent and could not stand on his own. Davis told officers he and Herrera got into a verbal disagreement earlier in the evening and he felt the gunshot was not an accident, but was “meant for him.”
Counsel said they have not been able to get ahold of Davis and therefore have been unable to come to a resolution in the form of a plea agreement on Herrera’s case before pretrial.
Judge John Fenn said the case would continue to trial unless otherwise informed by counsel of a plea agreement.
The two-day trial is set to begin June 18.
Castellow changes plea on marijuana charge
Brody Castellow pleaded guilty to one drug count in what was scheduled as a pretrial conference.
For pleading guilty to possession with intent to deliver marijuana, the state agreed to suggest dismissing the other two counts of possession of marijuana and enter a deferred prosecution if Castellow successfully completes probation. Misdemeanor drug counts are also included in the plea agreement.
Oct. 5, 2017, when Castellow was still a minor, law enforcement found 3.26 ounces of marijuana in his possession.
The young man recently moved out of his mother’s home into an apartment on his own without prior consent of the court. Fenn warned Castellow to stay out of trouble and follow the orders of his probation, as he is “under the microscope” and is potentially receiving a “sweetheart deal” with a deferred prosecution. Defense counsel mentioned Castellow held a full-time job.
The court scheduled his sentencing hearing for July 17 at 9:45 a.m., with reduced bond conditions of urinalysis testing only with the Sheridan County Justice Center and not also with probation and parole.
Counsel awaits history on Anderson
Counsel expressed frustrations in retrieving criminal history on Justin Anderson, who faces trial pending the results of a preliminary presentence investigation report by probation and parole.
Sheridan County and Prosecuting Attorney Dianna Bennett said she often struggles receiving criminal history from the state of California, which is slow in releasing documents that are often expensive. Bennett said she has a compiled criminal history of Anderson in Sheridan County, and an annotated list of prior charges include those similar to his current charge of felony stalking.
The judge scheduled a status or scheduling conference hearing for July 17 at 9 a.m. unless otherwise notified by counsel.
Bennett said she did not know of any bond violations with Anderson making contact with the victim in the charge and asked the court to continue bond as previously set.
Vigil changes plea for child sexual exploitation
Shane Alexander Vigil changed his plea to guilty on one count of sexual exploitation of a child by possession of child pornography in a scheduled change of plea hearing.
Court documents said after receiving a report from the National Center for Missing and Exploited Children about a Skype account disabled due to sexually explicit content, DCI investigated and discovered Vigil had possession of more than 135 sexually suggestive or explicit photos and videos on a jumpdrive, all involving prepubescent males.
Counsel established a plea agreement that provides a split sentence for Vigil, sentencing him to six months incarceration followed by no more than seven years supervised probation. The court scheduled his sentencing for July 31 at 9:45 a.m.