Emmett to pursue plea deal on felony drug possession charge

Loren Emmett, 58, of Greybull helped to lay a factual basis for his guilt to one felony count of possession of a controlled substance, methamphetamine, at his change of plea hearing in Big Horn County District Court on Tuesday, Sept. 8, pursuant to a plea agreement. 

Emmett was arrested on May 14 near Frannie following the execution of a warrant granted by Judge William Simpson. An affidavit prepared by Anthony Giles, DCI task force officer for Big Horn County Sheriff’s Office, reported that Wyoming Division of Criminal Investigation agents observed a green 1998 Ford Explorer entering Montana on U.S. Highway 310 around 4:06 p.m. on May 14. Later that day, around 8:43 p.m., a traffic stop was conducted on the same vehicle and a search warrant executed. 

Two baggies of a crystalline substance and a metal pill capsule containing a similar substance were found on Emmett’s person. A glass pipe and baggie containing the same substance were found in the vehicle, weighing a total 6.6 grams. A field test performed by Giles confirmed the substance to be methamphetamine. 

For the single felony count charged, Emmett could face a maximum sentence of seven years, a fine of up to $15,000, or both. In June, Emmett pleaded not guilty in Big Horn County District Court. Emmett’s bail was initially set at $50,000. Defense attorney Sam Krone asked that it be reduced to $10,000 cash or commercial, and Judge Bobbi Overfield modified it to $2,500 cash only. 

Tuesday, at Emmett’s change of plea hearing, it was outlined that in exchange for a guilty or no contest plea to the charge, the State would agree to a 4½ to 5-year underlying sentence suspended in favor of three years supervised probation, a fine of $3,000 and court and potential public defender fees. Overfield informed Emmett that a change of plea would eliminate a three-day jury trial previously ordered, and that the court would be under no obligation to agree to the terms of the plea agreement, which Emmett acknowledged. 

Krone and Big Horn County Attorney Marcia Bean asked Emmett to testify to the facts of the case, agreeing that he was involved in the traffic stop and search detailed in the affidavit and knowingly in possession of the 6.6 grams of methamphetamine, Emmett complied. Overfield found the factual basis to be adequate and ordered that a pre-sentence investigation report be completed within 60 days, given to Emmett at least 10 days prior to his sentencing.