TORRINGTON – The Eighth Judicial Circuit Court was in session on Friday, June 28 just after 9 a.m. for an initial hearing and arraignment proceedings. The matter on the docket was the State of Wyoming vs. Trevor Wayne Pettit on the charge of being under the influence of a scheduled I, II, or III substance under Wyoming State Statue 35-7-1039. 

Eighth Judicial Circuit Court Judge Nathaniel Hibben preceded the case. Buchanan explained the process the court would be taking for the morning hearing. 

“There are three things we are going to do,” Hibben said. “First, we will go over your rights. Second, I will explain to you the charge that you face including the maximum penalty if you are convicted. The last thing we will do today is I will take a plea from you. Depending on the plea you give, if for example, you should plead ‘not guilty,’ then I will set a bond and talk about what you can try and do for a lawyer, and we will come back in the future for other court hearings,” Hibben continued. “On the other hand, if for example, you should plead ‘guilty,’ I will place you under oath and you can tell me some facts in support of your plea and then possibly, probably, we will have a sentencing hearing this morning and the case will be done.”

Hibben then stressed to Pettit he could ask questions; however, Hibben was barred from giving legal advice to the defendant. 

Colby Sturgeon, Deputy County and Prosecuting Attorney, represented the State of Wyoming, while Pettit’s counsel chair was empty during the proceedings.

Hibben reaffirmed to Pettit the methods used to obtain a public defender if he should desire to obtain counsel for the misdemeanor proceedings. 

Hibben explained the due process of law should the defendant plead “not guilty,” which would require a jury trial. 

“On the other hand, if you plead guilty today, or some day before your trial, pleading guilty means there will not be a trial. It will have meant that you admitted to the charge. It will also have meant that you have waved all of the trial rights and other rights that I just went over,” Hibben said. “Anyone who pleads guilty for instance, waves the right to confront and cross-examine witnesses. You also wave the right to remain silent. In our system of justice, it is not enough to just say the word ‘guilty.’ In order to ensure that the law is followed and that your rights are respected it will also require you to tell me some facts in support of your guilty plea. In other words, you would have to tell me what happened that causes you to plead guilty. If you plead guilty today, you would also be waving your right to the lawyer and the law says that you can do that on a misdemeanor. Even at your first hearing, you can plead guilty without a lawyer present or without having the chance to talk to a lawyer but only if you’re voluntarily competent in proceeding, so I’d have to ask you some pointed questions under oath, to make sure that you understood and that you understood what we are doing,” Hibben explained. 

When asked, the defendant had no questions for the judge and the proceedings moved on to the second part of the hearing where Hibben explained the defendant’s charge.

“You were arrested on a charge that alleges that on or about June 26, 2024, at 23:00 hours, about 11 in the evening, at 400 Main Street, South Torrington, or Torrington, Goshen County, Wyoming, that you were under the influence of a controlled substance. The arresting deputy put in parenthesizes methamphetamine as the substance he alleges you were under the influence of, and the statute cited is Wyoming State Statute 35-7-1039.”

In reading the statute, Hibben explained it was unlawful for the defendant to knowingly or intentionally use or be under the influence of a controlled substance listed in schedules I, II, or III, except when under the direction of a licensed practitioner, which is punishable by imprisonment in the county jail not to exceed six months or a fine not to exceed $750.

“There is no lawful prescription for methamphetamine in the state of Wyoming. There are some synthetic drugs or other equivalents that contain forms of amphetamine but those are different than methamphetamine,” Hibben said. 

When asked if the defendant understood the charge, the defendant responded with affirmation and when the defendant was asked if he was ready to give the court his plea, he responded the same. 

“To the charge that on the 26 of June of 2024, you were under the influence of a controlled substance without the applicable expectation applying as I said,” Hibben said. “To that charge, how do you plea?” he asked the defendant. 

“I plead guilty,” Pettit said. 

Hibben then placed Pettit under oath and proceeded to clarify Pettit understood what entering a guilty plea would mean for the court proceedings and he gathered some background information regarding the defendant. 

“Me and my boyfriend moved to town about two weeks ago,” Pettit said. “Last Saturday (June 22), I went to the bar to try to meet people. I met this guy, and he was all, ‘Do you want to go smoke meth in the parking lot?’ and I was drunk enough to say yes, and I have been searching for the drug out since then.”

Pettit explained to Hibben he had already contacted the Volunteers of America (VOA) and hoped to be placed in a residential inpatient treatment program.

“I know nothing good comes from using meth,” Pettit said. “I have already started filling out paperwork and working with them (VOA).”

Hibben continued to ask the defendant how he obtained the illegal drugs. 

“You were able to find some methamphetamine on Wednesday (June 19) night?” Hibben asked Pettit.

“Oh yeah. It’s easy to get in this town which is very sad,” Pettit said. 

Pettit admitted to finding, using, and being under the influence of methamphetamine. 

“I wasn’t seeking it out. I stumbled across it. Got stuck in a cycle of action addition,” Pettit explained from the defendant’s chair. “I’ve struggled with meth addiction since I was 18. I had been clean for about four years. I got a hold of it Saturday night to just start seeking it out.”

According to the affidavit of probable cause, the Goshen County Sheriff’s Department was dispatched to the 900 block of Main Street in Torrington, where the Torrington Police Department was responding to a traffic stop.

“I was advised a male walked past, interfering with the traffic stop wearing a light blue shirt, and dark pants, and the male said he was overdosing and tripping,” the affidavit from Goshen County Sheriff’s Deputy, Chris Brown said.

“I don’t really remember what all went down that night,” Pettit explained. “I think I fell in a river because at some point I was drenched.” 

“The probable cause affidavit says that the deputies and police officer found you there at the road, that you were using methamphetamine at the King’s Inn,” Hibben said to Pettit. “Do you know that hotel in town?” 

Hibben further explained the affidavit of probable cause to Pettit, noting the document stated Pettit had told the arresting officer, Brown, he had injected methamphetamine into both arms.

“What bar were you at on Wednesday?” Hibben asked.

“The bronco,” Pettit responded.

“Is that where you found the methamphetamine?” Hibben asked the defendant. 

“Yes,” Pettit replied.

“Is that where you found it last Saturday (June 22) night?” Hibben asked. 

Pettit admitted to profiling patrons of a local business for methamphetamine in the bar on Saturday, June 22. 

“Last Saturday (June 22), was the first time you’ve gotten meth from the bronco?” Hibben asked for clarification to which the defendant said affirmed. 

“You said again, it was not hard to find or difficult to find?” Hibben asked. 

“Well, I just looked for the signs of a meth head. Someone sitting at the bar, not drinking. Just kind of sitting there jittering,” Pettit explained.

Pettit also explained he did not purchase the drugs he received at the bar that evening. 

“Mr. Pettit, I find you voluntarily plead guilty. I find that there are sufficient facts. I am being rather deliberate because I want to make sure you are competent that you understand what is happening here and it is clear to me that that’s true,” Hibben said. “The reason I’m being rather deliberate is because I do have an allegation that you were under the influence of meth, to a pretty significant degree, that is what the probable cause affidavit alleges and that is what you are telling me too. That was not that long ago. That was a day and a half ago.”

Pettit was found guilty and Hibben quickly turned to Sturgeon for the state’s recommended sentence. 

“Your Honor, thank you, and good morning,” Sturgeon said. “Your Honor, to begin, I do appreciate Mr. Pettit coming before this court and taking responsibility, pleading guilty and taking the, at least, the initial steps of getting himself into an inpatient treatment facility.  I am encouraged that he had used methamphetamine early on in life and he was able to stop for four years, I believe is what he said. However, it is a terrible, dangerous cycle it sounds like he is, was, actively searching it out and doing those types of things and it led him here to be sitting in this courtroom with handcuffs and things. I hope that he is able to make those steps possible. Do what is right and necessary to hopefully prevent relapsing again, finding methamphetamine again,” Sturgeon explained. 

Sturgeon noted Pettit had no significant criminal history.

“Your Honor, on the front end I would ask for that this court put him on at least probation, that maximum six-month probation or supervision. Your Honor, my next hope, would be a question for the defendant but, your Honor, I was going to potentially suggest that as part of his probation that he does actively try and get admitted into one of the inpatient facilities that he was talking about or at minimum get out do his ASI/ASAM and follow those recommendations,” Sturgeon said. “I think that Mr. Pettit knows the struggles and problems with methamphetamine and recognizes what it is like to be able to be sober and not be using that.”

Sturgeon recommended Pettit stay in the detention center over the weekend to continue to sober up.

“I don’t typically do this, but it is Friday (June 28) and I may recommend, Your Honor, that he serve until Monday morning, 8 a.m., and with that he can immediately get out. That’s another three days of sobriety. That’s really my perspective, Your Honor. Just to make sure this young man gets into treatment and hopefully he’s successful with that.”

Before Hibben sentenced the defendant, he was allowed to speak known as the right to allocution.

“This has been the biggest wakeup call I have ever had with drugs,” Pettit explained. “I am almost 30. I don’t want to stay in jail for six months. Thank you, Your Honor.” 

“Mr. Pettit, when I give a sentence, there are several things I am required to consider and often the case, the law sometimes dresses these things up in big phrases or fancy terms. I am going to apply all of the sentencing factors with giving you a sentence, but I am going to remove those usual phrases,” Hibben said. “I am also required to do something more broad and that is to speak to the public at large to try to impress upon the public to detour others, even though they are not in the courtroom. Nonetheless, to structure a sentence in such a way that speaks to them about the problem that is before me and try to detour them and tell them that they should not follow this same example that you have set.”

“Mr. Pettit, what I need you to hear is this, that methamphetamine is a poison,” Hibben said. “This is a lecture I have given to several people, but you haven’t heard it. Methamphetamine is a poison. It poisons you. It poisons your body. It poisons your relationships. It poisons your ability to be a productive and healthy member of the community. But that poison isn’t limited just to you. That poison seems to reach out. It has tentacles to others around you. It robs the community and its ability to live peacefully. It robs other people who come into contact with methamphetamine the ability to live healthy lives and it robs people who perhaps not even using methamphetamine but nonetheless suffer the consequences of those who are under the influence, who are dealing, distributing and as a result the entire community suffers because of methamphetamine,” Hibben said. 

“What I need to impress up you and the public at large is this, that if you come before the court, after increasingly taking this stance, if you come before the court on a methamphetamine-related charge, that I am going to certainly start from a position of giving the maximum sentence that the law allows,” Hibben said. “You’re lucky you’re charged with the six-month misdemeanor and not something more.” 

“What I am saying though is that a person who comes before the court on those, in many ways, methamphetamine is so poisonous that we start from the assumption of a person receives the maximum sentence,” Hibben explained. “In this case, that is six months. I give that sentence for you because I care about you, others in the community care about you and this is not the way to a healthy and productive life. If you do not get free of this thing, something is going to happen to you that none of us want to see and that you don’t want to see either.”

Pettit was sentenced to 180 days in jail where he received credit for two days served and he will serve 178 days in the Goshen County Detention Center. 

Hibben further explained to Pettit, if he should obtain a service plan with the VOA for inpatient treatment services, his sentence would be commuted to treatment. 

“When you get that (a bed date), from the jail, write me a letter and ask for a sentence reduction,” Hibben explained. “When you get that, we will treat it as a motion for a sentence reduction and I will consider your request at that time so long as you have everything lined up. By that I mean a firm date on when you are going to go to inpatient and you’ve got some plan to get there, I very likely will reduce your sentence.” 

The court stood in recess shortly after 9:30 a.m.