As part of a guilty plea agreement, Wheeler pleaded guilty to possession of a controlled substance for sale, and prosecutors agreed not to oppose a drug diversion program that would keep him out of prison.
Wheeler, of Afton, Okla., and another individual were arrested with 15 pounds of marijuana in their vehicle last November while driving on Interstate 80 in Humboldt County.
The two were pulled over on a traffic stop at the Mote off-ramp on I-80 for a traffic infraction, according to court documents. A drug dog detected the presence of drugs, and Wheeler, who was the passenger in the vehicle, told officers he had a small amount of marijuana. Officers were given permission to search the vehicle and found the larger quantity of marijuana in a speaker box, court files show.
Wheeler's attorney, Steve Cochran, asked that Wheeler be placed in a diversion program in Oklahoma rather than be sent to prison. He said his client has been honest and has strong family support.
"Mr. Wheeler, for the most part, has lived a crime-free life," he said.
The district attorney's office didn't object to Wheeler getting a deferred sentence and being placed in a drug diversion program.
Wagner said his greatest concern about the case was the quantity of drugs. "That's kind of the elephant in the room," he said.
Wagner asked how Wheeler will be monitored for compliance with the court order in Oklahoma.
Nevada Division of Parole and Probation officer Bryan Waters said monitoring of Wheeler could be done by interstate compact with Oklahoma. Wheeler will have to provide Nevada officials with evidence that he's in a diversion program, and there were strict conditions placed on Wheeler, such as no alcohol or drugs, as part of his deferred sentence.
Wheeler told the judge he was sorry about committing the crime. He said it sounded "really bad" that he was selling drugs to get his son back.
"I would like another chance so I could have a relationship with my son," he said.
Wagner said there's something "a little twisted" about Wheeler's plan to earn money from selling pot to see his son.
"This is not a personal use kind of case," Wagner said, adding there was nothing noble about Wheeler's motives.
Wagner said Wheeler planned to sell the marijuana in his community, possibly to someone else's children.
Wagner said he would send Wheeler to prison if he's caught again with drugs.
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