Judge retains jurisdiction in drug case

SANDPOINT — A North Idaho man will enter into the court’s retained jurisdiction program for a December charge of possession of methamphetamine with intent to deliver.

In addition to entering the program, Shawn Raphael Brownlee, 58, was sentenced on Monday to 2 to 5 years incarceration, and was made to pay over $800 in fines, court costs, and restitution.

Also known as a “rider,” the court’s retained jurisdiction program is an alternative form of sentencing. Instead of serving their sentence to term, the accused is made to participate in treatment and intensive education programs during the first year of their sentence. After the first year, the accused can request to go on probation; however, the judge can still choose to sentence them to term. The program is offered as a substitute for traditional sentencing in hopes of rehabilitating an offender.

On Dec. 8, Brownlee was pulled over by Ponderay Police Officer Trey Robillard for failing to signal while changing lanes at 1301 Fifth Ave. in Sandpoint where one lane ends and merges into the other.

According to court documents submitted by Robillard himself, he had followed Brownlee from U.S. 95 in Ponderay, as he recognized the license plate belonging to Brownlee.

According to the court document, Brownlee was reported to the Sandpoint Police Department for potentially selling illicit substances at a Sandpoint apartment complex in late October.

Corporal Jeremy Inman and K9 unit “Bindy” arrived shortly after the stop to provide backup to Robillard. Bindy alerted to the presence of narcotics “nearly immediately” after being deployed.

Once officers told Brownlee he had no choice but to allow them to search the vehicle, he protested the nature of the traffic stop, but ultimately allowed the officers to conduct the search.

Twenty-nine grams of methamphetamine, 7 grams of marijuana, a scale, baggies, and pipes were discovered in the vehicle in addition to $1,150 cash on Brownlee’s person.

When questioned by officers, Brownlee denied owning the items, and said he believed the female who sold him the vehicle earlier that same day left the bag with the illicit items in the vehicle.

Robillard stated in the affidavit that, due to the amount of meth found, he did not believe it was intended only for personal use. Brownlee was charged with possession with intent to deliver, possession of marijuana, paraphernalia, and persistent violation.

On Feb. 8, Brownlee took a plea deal where he pleaded guilty to the trafficking charge. In exchange for the guilty plea, all other charges were dismissed by the state prosecutor.

“I’m not that bad of a guy,” Brownlee said. “I do have a drug problem. And if I can get probation and get out I would immediately try to get into an inpatient or an outpatient program. I would love to go back to NA and AA meetings, go back to work, see my grandkids grow up, and be a good part of the community again.”

First District Judge Barbara Buchanan addressed Brownlee directly before handing down the sentence.

“The amount of controlled substance that you had, that is concerning,” Buchanan said. “To the court it looks like you may have been selling to support your habit. You plead to possession with intent to deliver. I don’t think straight probation is appropriate.”

“I think the presentence investigation’s recommendation for retained jurisdiction is best,” she continued. “You’ll get some working time. You’ll get significant drug treatment. You can make a plan for sticking with that when you get out.”

A presentence investigation report is a document created by a defendant's parole officer. The report is submitted to the court before sentencing, but after conviction. Although these documents are sealed from the public, the report contains a vast amount of personal information, referred to as “legal and social background.” Such documents assist the court in determining what an appropriate sentence should be.

Brownlee has two prior cases in Idaho for common driving offenses in Lemhi County from 2014. He will continue his detention in the Bonner County Jail before reappearing before Buchanan for a probation hearing roughly one year from now.