GOSHEN COUNTY – The Goshen County Circuit Court (GCCC) met in session promptly 9 a.m. Tuesday morning for an initial hearing, arraignment and probation revocation procedures for Goshen County man Jordan James.

GCCC Judge Nathaniel Hibben presided over the hearing with Deputy Goshen County Prosecuting Attorney, Colby Sturgeon, representing the state of Wyoming.

While currently in custody of the Goshen County Sherriff’s office, the initial charge of James involved the possession of a controlled substance resulting in probation.

According to the state early Tuesday morning, alleged violations of said probation had taken place. The violations consisted of leaving probationary supervision, as well as failure to pay court costs as part of authorized payment plans.

Judge Hibben spoke in the direction of the defendant.

“You have been arrested by the state’s petition to revoke your probation,” Hibben began. “This was filed on November 28,, 2023 and reads as followed. On April 11, 2022, you entered a plea agreement and were sentenced for the crime of possession of a controlled substance. You were then ordered to serve 180 days in jail, in which 90 of those days were suspended. Following your release, you were placed on a period of probation. The state alleges that you are in violation of that probation as stated by the affidavit from the Wyoming Probation and Parole Office of Corrections. The state requested that your probation be revoked, this court issued an arrest warrant and you are now in custody.” 

Judge Hibben continued in the direction of James with a more in depth reading of the facts, mentioning a second charge coming forth along while reading the Constitutional Rights.

“On August 9, 2023, you had abstained from supervision in violation of your probation,” Hibben continued. “You had also failed by virtue of the law to pay court fines and costs. On that base the agent has requested that your probation be revoked. Mr. James you have a second file here as well. This is for a misdemeanor of an unauthorized use of a vehicle charge, with a second further petition to revoke your probation. You have the right to a lawyer at all times, and you have the right to a public defender’s help. You always have the right to remain silent, so no one can ever make you testify in or out of court. You have the right to know the state’s burden of proof. When a person is charged with a criminal offense, the state bears the burden of proving guilt beyond a reasonable doubt. In this matter the state bears the burden, but is called by a preponderance of the evidence. You are not charged with a criminal offense; this is a violation of your probation. If you admit you violated then you would agree.”

James was given a chance to address the matter before the GCCC, citing a lengthy daily employment commute that has contributed to ongoing legal matters.

“I’ll admit to not being able to pay,” James said before the GCCC. “But due to the fact of not responding I work out of town in Wheatland, and if I’m unable to come back to Torrington I usually stay there. I was staying in Chugwater with a friend of mine, and we would go to work in Wheatland. That’s the problem here is the travel.”

Judge Hibben spoke on behalf of the GCCC, suggesting responsibility still lies with an individual to follow terms of probation as well as paying court costs in a timely manner; regardless of commuting or living in a rural area.

“Are you admitting you failed to pay fees in Chugwater and Wheatland?” Hibben replied. “There are post offices in Chugwater and Wheatland correct? Did you attempt to make a payment? Even at the post office you can get a cashier’s check, did you know that? Mr. James I find you knowingly and voluntarily violated your probation, and it does ride to an intentional and willful refusal to pay. That is a violation of your probation agreement.”

Representing prosecution of the state, Sturgeon addressed the court adding that despite the GCCC’s familiarity with James, the state would still like to reach an appropriate bond for the defendant despite the difficulties.

“It’s difficult to recommend a lower bond when the main allegation of revocation is abstention,” Sturgeon said. “What I have heard is Mr. James does have a long history of living in Torrington, and has been here many times before with failure to appear and those types of things. Nonetheless my hope would be that he gets an attorney that may help him, and we can talk about some of these things further. I hope a cash bond would be appropriate, and the state would be inclined to ask for a cash bond of $1000 from Mr. James. If he has been working, that should be a substantial amount for what he is being paid.”

Judge Hibben concurred on behalf of the GCCC with Sturgeon and the state. The GCCC ruled a $1000 cash only bond for James, in which a revocation hearing was then scheduled to be held within 15 days.

The GCCC stood in recess at 9:19 a.m.