Judge 'hemmed in' on probation order

FALLS CITY – District Judge Julie Smith deduced Tuesday that she had no choice but to sentence 39-year-old Chance Simon to probation on possession charges in Richardson County.
Judge Smith said state law spells out a presumption of probation unless the court can make a finding that the person can not be supervised in the community. She said since Simon is already maintaining full employment and has remained sober the past year, she does not find that he can not be supervised in the community.
She sentenced him to 30 months probation and ordered him to continue living in Lancaster County.
However, the judge continued sentencing on two other charges that pertain to delivery of methamphetamine, where the presumption of probation is not spelled out. Simon is scheduled for sentencing on those charges on Feb. 7.
Court records say the Richardson County Sheriff’s Office provided money to a confidential informant who purchased meth from Simon on four occasions.
Prosecutors say transactions took place at a Chase Street residence in 2020, from a van in 2021 and from an area behind a convenience store later in the year.
In a case Simon has not yet been sentenced on, a K9 unit from Brown County, Kan., helped detect nearly seven grams of meth, a digital scale and $119.
Simon’s attorney, Keith Kollasch, said Tuesday that Simon was in a position of distribution to support his own habit rather than in an attempt to make profit.
Kollasch: “He has taken every step he possibly can to rid himself of the issues that he was facing.”
Simon asked the court that he be allowed to continue on the path he has been on since his release from custody.
Judge Smith noted that the last time Simon was on probation, he was released unsatisfactorily.