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Man sentenced in heroin case

by ANNISA KEITH
Staff Writer | April 9, 2022 1:00 AM

SANDPOINT — A Washington man was remanded to the Bonner County Jail after being convicted on a charge of possessing 5.7 grams of heroin in May 2021.

Lucas John Murphy, 38, was placed in the court’s retained jurisdiction program on Tuesday to give him the chance to take part in the state’s substance abuse program.

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 hope of rehabilitating an offender.

A 3- to- 9 year sentence was imposed by First District Judge Lamont Berecz on top of $1,482.50 in fines, court costs, and restitution.

On May 13, 2021, Murphy was pulled over Fifth Avenue in Sandpoint for going 12 mph over the speed limit.

When Sandpoint Police Department Sgt. Skylar Ziegler made contact with Murphy, he smelled burnt marijuana coming from the vehicle. When questioned about it, Murphy searched through a duffel bag on the passenger’s seat before handing over a jar containing a small amount of marijuana. Court documents do not indicate how much marijuana police said Murphy had in his possession.

Sandpoint Police Department Cpl. Derrick Hagstrom arrived to provide back up shortly after the stop. When Murphy was told that the officers were going to search his vehicle, he immediately began searching through the same duffel bag, ignoring officer commands to stop.

Ziegler forcefully removed Murphy from the car. Upon searching the duffel bag, officers reported discovering a 7.5 gram hard chunk of heroin, however, forensic lab results showed that only 5.7 grams of the substance was confiscated by the officers.

In addition, officers seized multiple cotton swabs soaked in the substance, a number of hypodermic needles, and $1,300 cash.

When questioned again by officers, Murphy admitted to having a drug addiction, and told officers that everything they found was intended for his personal use. He was charged with drug trafficking, possession of marijuana, paraphernalia, and persistent violation.

Murphy was booked on $50,000 bail, and with the help of a bonding agency, bailed out of jail the next day on May 14. His conditions of release stipulated that he was not to commit any new crimes or associate with known criminals, and comply with bi-weekly drug testing.

Murphy failed to register for testing, and was re-arrested on June 9, at his preliminary hearing in First District Court. His bail was doubled to $100,000.

With the help of the same bonding agency, Murphy bailed out two days later on June 11.

Like the previous instance, Murphy failed to sign up for testing. Although court documents indicate that the state prosecutor made a motion to revoke Murphy’s bond, there are no records showing that he was arrested for a third time.

Murphy signed up for testing on July 22, the drug testing agency submitted a letter to the court confirming his compliance.

On Feb. 1, Murphy took a plea deal where he pleaded guilty to possession of a controlled substance with intent to deliver. All other counts were dropped in exchange.

At Tuesday’s sentencing, Murphy expressed that he was in the process of turning his life around after his arrest.

“I’d just like you to know my life’s changed all the way around since this has happened. I’ve bettered my life more in the last eight to nine months than I have in a long time,” Murphy said. “I’ve done better since this has happened. I’d just like to take full responsibility, because I know what I did wasn’t right.”

After his statement, Berecz addressed Murphy directly when handing down the sentence.

“Obviously you’ve been given a very lenient break from the state,” Berecz said. “It’s very rare that we see people who buy, essentially, bulk drugs and space them out over time. … Most heroin addicts are using one fix at a time. There’s certainly an abundance of heroin in Spokane. One wouldn’t need to go to Washington to get their personal use amounts of heroin. … In my view, it would be way more productive for you to be in a therapeutic, treatment-like setting.”

This is Murphy’s only court case in Idaho, however, he has three convictions out of Washington for possession of a controlled substance, burglary, and second degree robbery.

According to the Idaho Department of Health and Welfare, those suffering from Substance Use Disorder experience difficulties in their lives due to repetitive use of drugs or alcohol. The department offers help for those suffering from addiction. The Health and Welfare Department can be reached weekdays from 8 a.m. to 6 p.m. at 1-800-922-3406.