BLACKFOOT – A defendant whose public defender said has been on the wrong road most of his life and wants to do his time and make a fresh start learned Monday he’ll have to spend a year in an Idaho prison first.
Nathan Charles Gibbs. 43, whose address is listed as Firth, was among 21 people appearing Monday before 7th District Judge Darren Simpson for various reasons, including entering pleas to felony charges, being sentenced on charges to which they earlier pleaded guilty, and a variety of probation issues.
Despite a plea from public defender Manuel Murdoch that any time Gibbs is sentenced to in Idaho be indeterminate, Simpson sentenced him to prison for one year fixed and six years indeterminate for possession of methamphetamine. The judge noted that the current charge is Gibbs’ sixth felony conviction, and he also has 28 misdemeanor convictions on his record.
In pleading for leniency for his client, Murdoch said, “This has been a hard case for me. It’s always difficult when I know my client is going to be doing time. I’m asking that you make it indeterminate and run it concurrent with the sentence he will be serving in Oregon so he can just go straight over there and get it over with.”
Murdoch told the court a lot of Gibbs’ problems started when he was severely injured in an accident a few years ago. “He’s dealing with immense pain as well as trying to support himself while living on the street. He has stolen from people, and he knows that’s not right,” Murdoch said. He said Gibbs comes from an abusive childhood and has been homeless most of his life, but wants to get his current life behind him, get an education and better himself.
Gibbs submitted a written statement to Simpson, and told him if he doesn’t have to go to prison here he plans to go straight to Oregon and turn himself in to serve the time he was sentenced to there.
Chief Deputy Prosecutor David Cousin told the court Gibbs’ extensive criminal history and the fact he was denied acceptance to a specialty court are reason enough to deny him leniency. “We think the pre-sentence investigator’s recommendation of three years fixed and four indeterminate is appropriate,” he said.
In addition to the sentence, Gibbs was assessed $1,885.50 in fines, court costs, pubic defender fee and lab fee.
Alexander Teed Jones, 22, Ammon, was sentenced to prison for two years fixed and three years indeterminate for possession of heroin, and assessed a total of $1,685.50 in fines, fees and costs. Simpson suspended imposition of the sentence and placed Jones on four years’ probation. He was also ordered to serve 180 days in jail at the discretion of his probation officer.
Venna Jean Carraway, 47, Idaho Falls, pleaded innocent to possession of methamphetamine and misdemeanor possession of drug paraphernalia and giving a false name to police. Her pre-sentence conference was set for Oct. 4 and her jury trial for Oct. 22. She was remanded to custody in lieu of bail.
Manuel None Lopez, 46, Ogden, Utah, pleaded guilty to possession of methamphetamine in a plea bargain that dismissed a misdemeanor charge of possessing drug paraphernalia. A pre-sentence investigation was ordered and sentencing was scheduled for Oct. 31. He was continued free on surety bond.
Ryan Van Dyke, 47, Blackfoot, pleaded innocent to two counts of aggravated assault for allegedly threatening two people with a shotgun last September. His pretrial conference was set for Oct. 4 and his jury trial for Oct. 22. He was continued free on $30,000 surety bond.
Helen Gericke, 35, Pocatello, pleaded guilty to possession of methamphetamine in a plea bargain that dismissed one count of misdemeanor possession of drug paraphernalia. A pre-sentence investigation was ordered and sentencing was scheduled for Oct. 21. She was remanded to the custody of the Bigham County Sheriff on a hold from Bonneville County where she also has charges pending.
A bench warrant with $50,000 bail was issued for Alejandro Mateo, 19, Blackfoot, when he failed to appear for arraignment on a charge of lewd conduct with a 14-year-old girl.