Darren Simpson

Seventh District Judge Darren Simpson.

BLACKFOOT – A California man arrested at the Sage Hill Casino in 2018 apologized to the court and the community Monday prior to being sentenced to up to 10 years in prison for trafficking heroin and illegal possession of a firearm.

Kolby David Schmidt, 30, whose address was listed as San Dimas, CA, told 7th District Judge Darren Simpson he had just come off I-15 when he was arrested. “I‘m sorry for creating a problem in your community.” Schmidt told the court. “I apologize to you and the community.”

Schmidt said he was also thankful to the police who arrested him because the time he spent in jail while awaiting disposition of his case led him to see the error of his ways. “You gave me my life back,” he said, “and I thank you for it.”

In sentencing Schmidt, Simpson followed the state’s recommendation of three years fixed and seven years indeterminate to run concurrently with a prison sentence he’s facing in Montana. He also fined Schmidt $10,000, ordered him to pay $285 court costs, reimburse Bingham County $900 for laboratory fees and $500 for the cost his public defender. Schmidt was sentenced to three years fixed and two years indeterminate for illegal possession of a firearm, to run concurrently with the drug sentence.

Stephen Todd Robinson, Jr., 23, Blackfoot, was sentenced to prison for two years fixed and three years indeterminate for possession of methamphetamine as recommended by the pre-sentence investigator. Judge Simpson suspended imposition of the sentence and placed Robinson on probation for five years. He was fined $800, ordered to pay $285 courts costs, reimburse the county $500 for the cost of his public defender, and pay $200 in laboratory fees.

Robinson was also sentenced to 180 days in jail to be served at the discretion of his probation officer and ordered to perform 100 hours of community service. He told the court the time spent in jail has made him realize his behavior was immature, reckless, and hurt other people, and he’s ready to make a change in his life.

Donavan Osborne, 25, Blackfoot, who pleaded guilty earlier to possession of methamphetamine and injury to a child, was sentenced to prison for three years fixed and four years indeterminate, but following eloquent pleas from himself and his public defender Manuel Murdoch, Simpson retained jurisdiction for 386 days, telling Osborne if he does everything he’s told, has no bad reports, and gets a positive recommendation from corrections authorities, he could be placed on probation.

Deputy Bingham County Prosecutor Chase Hendricks said the pre-sentence investigator and the state were recommending a fixed prison term with no retained jurisdiction, since Osborne had already had one rider.

In arguing for another chance for his client, Murdoch said his criminal history is the result of drug and alcohol abuse. “He realizes now where the problem comes from, and I believe he wants more than anything to get his addiction under control.”

Osborne told the court he’s been in drug court in Bannock County and has been working hard to obey the rules and change his life. “I’ve worked harder in this program than I’ve ever worked at anything in my life,” he told Simpson, adding, “I thank you for the opportunity.”

Simpson advised him not to waste the opportunity. “You’re 25 years old and looking at your third felony.” He fined Osborne $1,000, ordered him to pay $285 in court costs, reimburse the county $500 for attorney fees, and pay the Blackfoot Police Department $826 for repairs to a police vehicle damaged at the time of his arrest.

Wade Wesley Richards, 29, Blackfoot, was sentenced to prison for a term of two years fixed and three years indeterminate for possession of methamphetamine. Judge Simpson suspended imposition of the sentence and placed him on probation for five years. He was fined $800 plus $285 court costs, ordered to reimburse Bingham County $500 for the cost of his court-appointed attorney and $100 for laboratory fees. Simpson gave Richards until Aug. 1 to begin making $100 per month payments.