A Sheridan man serving four years probation for his role as a co-conspirator in stealing prescription drugs from a UPS truck while working as an employee of UPS, admitted to violating his probation to Judge John Fenn on Thursday in 4th District Court.
Thirty-five year old Randy Mortensen's probation began this past April after being convicted of larceny. Stolen medications amounted to more than $1,000, or the amount that constitutes a crime as a felony.
His probation violation occurred on Aug. 26, when Mortensen had a BAC of .16 after Sheridan County Sheriff's Deputies and Wyoming Highway Patrol troopers responded to a crash and Mortensen was arrested on suspicion of drunk driving. The state alleges, in a different case that's pending in district court, that Mortensen was driving. However, Mortensen said that he was a passenger in the vehicle at the time of the crash. Mortensen's attorney Ryan Healy told Judge Fenn this in court Thursday.
Regardless of the details of those allegations, Mortensen did admit to Fenn to drinking alcohol - a violation of his probation.
Prosecutor for the state, deputy attorney Diane Bennett and Healy, serving as private counsel for Mortensen, agreed that Mortensen would be best served if he seeks inpatient substance abuse treatment, as opposed to serving extended jail time.
Discussion ensued as to Mortensen's alleged substance abuse. Bennet told Judge Fenn that Mortensen, since beginning his probation, had a positive test for amphetamines that Mortensen said was caused by allergy medication, and another positive test for Adderall (also an amphetamine) that Mortensen said was caused by a pill intended to remedy a headache. Positive tests were not confirmed. Healy said that Mortensen rejects accusations of meth or Adderall use, but did say that “Randy does agree that he has not gotten his substance abuse under control”.
Following that discussion, Judge Fenn agreed with the recommendation of the state and sentenced Mortensen to 120 days in jail. He further suspended that sentence upon completion of a drug treatment program. Mortensen will remain in Sheridan County Jail until he is accepted into treatment.
Bennett added that she hoped the defendant, “takes advantage of the best treatment plan and not the most expedient one.”
Fenn reiterated that point to Mortensen.
“Everyone in this courtroom wants you to do well, and is bending over backward to get you that help. Nobody's holding you down and feeding you alcohol,” Fenn said. “If not, prison is probably the next thing for you.”