Douglas Charles Anderson is no stranger to the 11th Judicial courtroom. He’s faced multiple charges.
On Monday, Aug. 6, Judge Jim Shirley planned to sentence Anderson for possession of a stolen vehicle and the possession and use of controlled substances.
The defendant’s grandmother stands by him. If he ever goes to prison she’ll find a way to visit no matter what it takes.
But that decision will take longer than expected.
Lieutenant James Richardson represented the Division of Parole and Probation at the hearing. The Division prepares a PSI (Presentencing Investigation Report) to help the judge decide on a fair sentence.
Anderson failed to take the necessary steps to help the probation officers complete the document.
“We contacted Mr. Anderson last week and reminded him that it was highly important he complete his questionnaire,” said Steve Cochran, the public defender. “This morning he brought it to my office at 8 a.m, one hour before this hearing.”
Lieutenant Richardson said the Division of Parole and Probation needed more time to schedule Anderson’s interview and complete the document.
“I do not believe Mr. Anderson should be given that opportunity,” countered DDA Jack Bullock. “I think we should proceed with sentencing. He’s had time to comply.”
Sparks flew between the defense and prosecution. DDA Bullock said Anderson had demonstrated contempt.
Steve Cochran disagreed.
“Contempt is a legal term that connotes intentional disregard,” he said. “What we have is someone not acting in their own best interest.”
“I don’t think it’s a matter of contempt of court,” the defense attorney continued. “It’s a matter of, ‘Mr. Anderson, you’re not taking care of your own agenda.’”
“There’s also a substantive issue here Your Honor,” Cochran concluded. “Should Mr. Anderson comply, we may see a difference in terms of his score calculation.”
The PSI score may affect the sentence.
The judge continued sentencing until Sept. 5, 2018.
He threw a question at Anderson.
“Mr. Anderson, if I had you drug tested today would you test clean?” he asked.
“Yes,” answered the defendant.
The judge ordered him across the street to the Pershing County Sheriff’s Office (PCSO) for urinalysis.
As instructed the defendant reported back to the bailiff, Jack Arries.
The results were unclear.
Anderson tested presumptively positive for methamphetamine and THC, the psychoactive component of marijuana.
“But it was a faint line,” he explained.
According to drug testing manufacturers, the intensity of lines varies due to how diluted the urine is, the pH of the urine or interference from a metabolite that closely resembles the drug.
“We’ve run into issues where the tests have come back negative after the person was jailed for using,” said Cochran.
The PCSO sent the sample to a laboratory for analysis. Definitive results come back in about three weeks.
In the meantime, the judge ordered Anderson to submit to random drug testing three times a week. The testers will establish a baseline.
“You need to get away from mind-altering substances including marijuana,” said the judge. “If you go above baseline you are going into custody.”
