PLATTSMOUTH – A Nehawka man will spend 18 months on probation for keeping drug paraphernalia inside his home.
Toby R. Bauers, 38, appeared in Cass County District Court Monday morning for a sentencing hearing. He pled guilty in November to a Class I misdemeanor charge of attempted possession of controlled substance-methamphetamine.
Bauers had been on probation in Cass County when authorities made a routine visit to his home June 28. They located several items of drug paraphernalia inside the residence. One of the items was a pipe that contained methamphetamine residue.
Deputy County Attorney Richard Fedde told the court the state would recommend probation for Bauers because of his positive actions since the incident. Bauers has completed an inpatient treatment program and is currently in residential treatment.
“This defendant has had a fairly long criminal history, but it appears he’s woken up,” Fedde said. “It appears he is on the right road at this time.”
Defense attorney Timothy Nelsen also asked the court to issue probation. He said he was happy Bauers had completed treatment and felt he had made significant changes in his life. He said probation would benefit Bauers more than a potential jail sentence.
“I also think he’s woken up,” Nelsen said. “This is the proverbial ‘T’ in the road for him, and he is willing to start going in the right direction.”
Judge Michael Smith agreed with both Fedde and Nelsen and ordered Bauers to spend 18 months on probation. Smith ordered Bauers to remain in the residential treatment program. He also ordered him to abstain from alcohol and drugs and to pay all court costs.