Kettle receives prison time for growing pot

Floyd Kettle was sentenced in Cheyenne County District Court on Tuesday to 18 to 36 months imprisonment for growing marijuana.

The sentence was handed down by Judge Derek Weimer after Kettle pleaded guilty to the offense in April following a plea agreement with the county attorney's office. In exchange, two counts of delivery or distribution of marijuana within 1,000 feet of a park were dropped.

While arguing for a term of incarceration at Tuesday's sentencing, Chief Deputy County Attorney Jon Stellar said a pre-sentencing report indicated Kettle was at a high risk to reoffend.

"He said he stopped using marijuana, but he hasn't sought out treatment," Stellar said.

Michael Samuelson, a lawyer who represented Kettle, said his client acknowledged he made a mistake and has been cooperative with authorizes. He's willing to serve any treatment ordered and is not a violent individual, the lawyer added.

"He made some mistakes, but he's not necessarily a bad individual," Samuelson said.

In asking for a sentence of probation, Samuelson said Kettle regrets what he's done and is his family's primary wage earner.

"I ask the court to take that into consideration," he said.

Kettle declined an opportunity to make a statement at the hearing.

Weimer said while reviewing the pre-sentencing report, he noted Kettle has a history of criminality in various states, including Nebraska.

"This isn't the first time you've been before this court," the judge said.

In handing down the sentence, Weimer said he believed anything less than imprisonment would result in a disrespect for the law.

There was an audible gasp from Kettle's supporters in the court's gallery when the judgment was announced.

"That's it, and you're remanded at this time," the judge said as a sheriff's deputy placed handcuffs on Kettle.

Kettle was arrested on Sept. 27, 2014, after a five-month investigation conducted by the Western Intelligence Narcotics Group.

Thirty-five cannabis plants were discovered on an abandoned farm in Cheyenne County that Kettle cultivated, according to a probable cause affidavit. Initially, he was also charged with selling marijuana to a criminal informant.

The investigation included attaching a GPS tracker to Kettle's vehicle to link him to the cannabis grow.

Shoe impressions from the farm also appeared to match those Kettle was wearing when he was arrested.