TORRINGTON – The Goshen County District Court met in session at 11:30 a.m. Monday for the sentencing of Scottsbluff man, Brady Kelly-Coe.

Kelly-Coe had previously pleaded guilty to charges of forgery involving a stolen check on December 12, 2023.

Presiding over the proceeding was District Judge Edward Buchanan as well as Goshen County and Prosecuting Attorney, Eric Boyer, representing the State of Wyoming.

Representing the defense counsel of Kelly-Coe was Wyoming public defender, Eric Palen.

The hearing began with Palen speaking on behalf of his client, arguing Kelly-Coe’s severe addiction to narcotics and other substances has played a primary factor in a lengthy history of run-ins with the law. As such, the defense compelled a distinct argument claiming intensive in-patient drug treatment, as well as extended probation, would be appropriate for this situation despite the defendant having additional charges since his last court appearance.

“We changed our plea a while ago, and had hoped for a forgery charge,” Palen began. “The hope at the time was my client be granted an opportunity for a deferral. Since then judge, my client has had some problems. He spent time in jail in Cheyenne with some additional substance abuse charges, solely theft misdemeanors related to substances. Where we are at now is we are being sentenced for this underlying charge, and my client still remains eligible for a deferral. We would ask the court to give my client an additional break, an additional chance, and additional recognition despite his ongoing issues. He’s a good candidate for deferral, and I believe he would succeed in probation. This would be his first time on felony probation, he intends to do his best and has a bed date at Volunteers of America in Sheridan. He has already been accepted, and is just waiting on a date which could happen anytime.”

“I would like my client to be granted the opportunity for referral, treatment, and probation,” Palen continued. “My client has a very serious drug problem and addiction. He hasn’t had any serious treatment opportunities to get better, or to demonstrate to the court and public he can avoid having problems in the future. That’s what we are hoping for right now, and are hoping to give my client an opportunity to succeed on probation.”

After arguments from the defense, the state prosecution was mandatorily permitted to comment on its stance regarding the case and the ongoing addictive and criminal behaviors of the defendant.

As Boyer mirrored the position of the defense, the prosecuting attorney would strongly insinuated although intensive treatment and probation would be entirely necessary; firm responsibility must be taken in order for the defendant to get clean once and for all.

“Your Honor, Mr. Kelly-Coe has a horrific drug abuse history which I believe he understands,” Boyer explained. “As described in the pre-sentence investigation report (PSI) he has had a history of buying and using every type of substance possible, including crack cocaine while in Texas. His drug of choice is according to the PSI meth and opiates. I suggest this itself is indicative for the need of inpatient substance abuse treatment. It indicates his criminal history all resolves around drug use in order to support his habit. I would suggest my understanding from the PSI is Mr. Kelly-Coe’s recent charge being held in Laramie County was a felony theft type again related to arguably drug use. My assumption is based on Mr. Kelly-Coe’s return and release to this jurisdiction.”

“My point being, I suggest Mr. Kelly-Coe has had more than his fair share of chances in life and it’s time for him to take action,” Boyer continued. “As he, himself, and Mr. Palen said, this can arguably best be accomplished by terms of supervised probation. As described in the PSI the defendant appears to be an appropriate candidate for community supervision, and he has a bed date coming up quickly. So given all this the state would recommend Mr. Kelly-Coe be convicted of this charge and be sentenced to a suspended prison term the court deemed appropriate; all while being placed on felony supervised probation while undergoing treatment if and when the bed date is received.” 

After stances were presented from both sides of the courtroom, the defendant himself was given a chance to verbally address the court as well as his mother who was in attendance.

As Kelly-Coe advocated for himself as well as his family support, he noted he was set to finally overcome his addictions and live an employed and law-abiding life moving forward.

“My family all has my back,” Kelly-Coe said. “I’m willing to stay clean and show you guys I can do this. I’m running out of options man. This is the first time I feel I want to do this, to get sober and to be a better all-around person.”

“My client has a long-standing drug abuse history, but again not a long-standing treatment history,” Palen added. “I think he will at this point do everything in his power to get through and complete the program successfully in Sheridan, get on probation, and prove to the court he can succeed. As the court knows, many people do very well in life while on probation. It’s an opportunity for them to demonstrate to everyone, even to themselves they can follow the rules, stay clean, and not have any more problems. This is where my client is, and we firmly believe my client will do this.”

After hearing lengthy statements from both the defense and prosecution, Judge Buchanan turned his attention firmly toward the defendant.

The district judge noted hearing and considering both arguments, which were relatively similar in contending what the underlying sentence should be.

As Judge Buchanan explained with Kelly-Coe’s substantial history with misdemeanors as well as recently added felonies, probation would not be an appropriate route for the court to follow.

“The court has reviewed the PSI in this case and although the court considers probation in every case, I’m not sure it’s appropriate right out of the gate here,” Buchanan said. “Primarily because after you pled guilty, you didn’t go get your PSI immediately like I said number one. Number two, you were gone, and three, you committed crimes while you were out and about. And so for that reason, the guilty plea I accepted, but did not enter, will now be entered as felony convicted forgery. Mr. Kelly-Coe the court puts a lot of thought into these, and the court fashions a sentence hopefully as a deterrent for you and others in the future to not engage in this type of criminal activity. It also sees what happens when you violate the opportunity to be out free, and choose to violate courts orders. A sentence also has to be designed to punish you for what happened, and carry with it some element of rehabilitation so you can be successful in the future.”

“As I looked at the PSI report, it says you first went to treatment in 2017 and got kicked out,” Buchanan continued. “In 2018, you went again and completed it. You had one more going to Casper and didn’t make it. My point [in] reading this is you had opportunities for treatment, and the sentence I give today will give you the opportunity for treatment. What I read in here is you had some relatives in failing health, and you wanted to make them understand or know before they pass from this earth you are going to be okay. I like that and I like reading it, and it spoke to me as much as anything else you have said. With aggravating circumstances, this is your first felony, and you have been given so many opportunities. You have an extensive criminal history where you escaped felonies before, with many misdemeanors. You have had those opportunities for treatment, and so the judgment sentence for the court finds probation is not appropriate. You demonstrated to the court it was a perfect opportunity to get the PSI and come back, but we had to get it for you. Then we had to bring you back. To me, it says right there you are not the ideal candidate for community supervision out of the gate.”

“As to count one, you will be sentenced to no less than three years and no more than five years in prison, which will be suspended in favor of a one-year split-sentence in county jail. I will say this, if you get into treatment this court would consider a motion to let you out of the split sentence to go to treatment. This will be your next opportunity. It won’t be right off the bat, but it’s what you need to do rather than sit in jail. This will be followed by three years of supervised probation, and specifically, when you are complete you will be on intensive supervised probation. I don’t know how many days of credit you already have since you have been brought back here, but you are going to be incarcerated and going to treatment so you will not be employed for a while.” 

The court stood in recess at 11:47 a.m.