Two sentenced in district court

Monday afternoon in Hot Springs District Court, Judge Bobbi Overfield sentenced Kiefer Tuzicka to three years of supervised probation on a felony charge of delivery of a controlled substance. Tuzicka was originally sentenced to 4-6 years with the Wyoming Department of Corrections, but that sentence was suspended.

His probation was further ordered served concurrently with a one-year probation sentence he received in Big Horn County on May 5 of this year.

Prior to sentencing, defense attorney Joanne Sweeney said Tuzicka has had one of the worst histories. He was born with cerebral palsy and a soft palate, which has caused a speech impediment, though he knows what he did was wrong. On top of that, his father, Kevin, used him for many things, including drugs, and that he has had serious substance abuse since he was five years old.

Kevin was sentenced on March 8 of this year to four to six years on each count of conspiracy to deliver methamphetamine and delivery of methamphetamine; the sentences were ordered served concurrently.

Sweeney further spoke of how Kiefer wants to go to rehab, and the 10 months he’s spent in Hot Springs County Jail have given him time to think about being a better person and not associated with his father. Kiefer apologized for his actions.

Deputy County Attorney Curtis Cheney noted Tuzicka has 328 days credit, and it was unfortunate that he was exposed to substance abuse at such a young age. He noted it might be possible to get him treatment outside the state with family members that would support him.

Judge Overfield said Tuzicka’s circumstances were unfortunate and she hopes he gets the treatment he needs and moves forward with his life. However, she admonished him that a probation sentence is not a free pass.

Also in district court, Justin Wareham was sentenced to three to five years with the Wyoming Department of Corrections on a felony fourth-offense driving under the influence and misdemeanor driving under suspension. An additional charge of driving without an interlock device was dismissed in a plea agreement.

Wareham was arrested on March 16, 2018, after he was seen driving, passing an officer. The officer had previous contact with Wareham and knew he was on a suspended license due to prior DUIs, and affected a traffic stop.

During the stop, the officer detected an odor of an alcoholic beverage, and Wareham admitted to having a drink five hours prior. During field sobriety tests, Wareham gave indications he was intoxicated and he was arrested. Prior DUI convictions for Wareham, listed in court documents, were from Oct. 20, 2016 for two separate incidents, and one on May 31, 2016. All priors were in California.

Prior to sentencing, defense attorney Kristen Schlattman noted after a mental evaluation and follow up on Wareham it was determined he was competent but in need of treatment for substance abuse and mental health. She recommended a sentence of two to four years to allow Wareham the opportunity to utilize treatment programs while incarcerated and serve an appropriate sentence.

Cheney said Wareham had a long criminal history and they have worked hard to come up with solutions, resulting in the plea agreement.

Schlattman further added Wareham is aware of his criminal history. She noted he has suffered a traumatic brain injury but didn’t speculate on how that injury has impacted his decisions. This was his first offense in California, she said, though he’s had several in California.

Judge Overfield, pointing out that a sentence of two to four years and Wareham’s 445 days credit would mean he’d be out in no time at all, instead sentenced him to three to five years so he can enroll in mental health and substance abuse programs in prison. She wished him luck and added that if he is successful in treatment he could request a sentence modification in a year.

Wareham was also sentenced to 180 days in jail on the driving under suspension charge, though that was considered served with credit.

Tiffany Seymour Brown was denied a sentence modification. She was sentenced in August of 2017 to a period of six to seven years at the Wyoming Women’s Center. The sentence covers five felony charges in two cases, including two counts of possession of meth with intent to deliver, two counts of endangering a child — exposure to meth — and one count of possession of meth.

Appearing by phone, Brown said she was now gainfully employed with the prison commissary and earned various certifications. She requested the sentence reduction because the facility is overpopulated and it would bump her up on the list, allowing her to get into treatment and rehab programs. She is eligible for parole in 2021.

Cheney noted the incidents on which Brown was sentenced involved children and controlled substances, and she has a criminal history dating back to 2001 that includes child abuse, attempted assault, possession of controlled substances, probation revocations, battery and theft.

With the number of deferrals and dismissals she’s received, Cheney said Brown has been given chances time and again.

Judge Overfield, who was not the judge of record when Brown was sentenced, noted leniency was shown to Brown in that sentence. She further added she is glad Brown is doing well, and encouraged her to seek treatment programs.