Two men that were arrested for transporting heroin from Denver, Colorado to Montana were sentenced this week in Fourth Judicial District Court in Sheridan. For the charges of Conspiracy to Deliver a Controlled Substance- Heroin, and Possession of a Controlled Substance With Intent to Deliver- Heroin, District Court Judge John Fenn sentenced 25-year-old Robert Kenitzer to 2 ½ to 4 years in prison, suspended in lieu of a 300 day split-sentence and three years of supervised probation. Kenitzer was given 194 days of credit for time served and ordered to pay $1,075 in various court costs and attorney fees.
Judge Fenn sentenced 26-year-old David Osteen to 4 to 7 years in prison for the charges of Conspiracy to Deliver a Controlled Substance- Heroin, and Possession of a Controlled Substance With Intent to Deliver- Heroin. The prison sentence is suspended in lieu of three years of supervised probation. Osteen was ordered to pay $985 in various court costs and attorney fees.
Judge Rules Jury Trial in Sheridan Will Move Forward – Sheridan Media
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Status Conference
In November, the Wyoming Supreme Court issued an order suspending all scheduled jury trials in the state due to the COVID-19 pandemic. A status conference was held Tuesday for Marie Franks of Sheridan, who was scheduled to stand trial this week for the charge of Felony Child Abuse. The charge stems from an alleged incident that occurred on June 19 at a residence in Sheridan. Since Franks has not waived her right to a speedy jury trial, District Court Judge John Fenn ruled that there was sufficient evidence to extend the jury trial date due to the Supreme Court ruling and the safety and health issues of holding a jury trial at this time.
Bond Revoked
After hearing arguments from the defense and prosecution, District Court Judge John Fenn ruled that the State had established clear and sufficient evidence that the defendant, Donald Brower, had violated the terms of his bond by not showing up for a drug test at the Sheridan County Justice Office on November 13. Judge Fenn revoked Brower’s bond and reset the bond at $15,000 cash or surety.
On November 11 at an arraignment hearing, Brower pleaded “not guilty” to the charges of Conspiracy to Deliver a Controlled Substance to a Minor- Marijuana, and Possession With Intent to Deliver a Controlled Substance to a Juvenile- Marijuana. The alleged crimes occurred between October 3rd and 4th of this year and involved Brower and two other co-defendants selling Marijuana to a 16-year-old individual. A jury trial in District Court remains scheduled for March 15. If convicted on both counts, Brower faces up to 20 years in prison and fines of up to $20,000.
A virtual status conference was held Thursday in Fourth Judicial District Court in Sheridan for Dana Beartusk, who is charged with three counts of First Degree Murder. During the hearing, District Court Judge John Fenn said the 7-day jury trial is still scheduled to begin on Monday, April 19 of next year, however, that could change depending on where things are with the pandemic in the coming months. Last month, the Wyoming Supreme Court suspended all jury trials in the state until further notice.
Beartusk’s Attorney, Marty Scott said the defense has made an offer to the prosecution for a plea agreement and that both sides will continue to work on a deal in the immediate future. An additional status conference is scheduled for February 4 at 9 am, with a pretrial conference set for March 11 at 9 am. Beartusk was charged with three counts of First Degree Murder earlier this year for allegedly killing three family members in Big Horn during the evening hours of Sunday, March 29.
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