PLATTSMOUTH – A Plattsmouth man will spend four years on probation for selling marijuana inside city limits.
Brian S. Timerman, 39, appeared in Cass County District Court Monday morning for a sentencing hearing. He pled guilty in December 2018 to one Class IIIA felony charge of attempted distribution of a controlled substance-marijuana.
Prosecutors dismissed two felony charges of first-degree forgery in December. Timerman paid $200 in restitution to two local stores for his alleged actions on those two charges.
Plattsmouth police went to Casey’s General Store on Chicago Avenue in January 2017 for a report of a counterfeit $100 bill. They found the phrase “For Motion Picture Use Only” marked on the bill. Police discovered a similar $100 bill had been distributed at Hy-Vee Gas in Plattsmouth the same day.
Police contacted Timerman after uncovering evidence he had passed those bills to the convenience store clerks. Timerman told police he had received the bills when he sold 14 grams of marijuana to a woman in Plattsmouth. He told police he distributed marijuana to supplement his income.
Police spoke to the woman who purchased the marijuana and a person who witnessed the transaction. Both confirmed Timerman had provided her with the drugs.
Cass County Attorney Colin Palm told the court the state had agreed not to oppose probation as part of the plea bargain. Judge Michael Smith said that information affected his decision. Smith said he had been ready to send Timerman to jail before learning about the state’s stance on the matter that morning.
Smith ordered Timerman to serve 48 months on probation. He must obtain a co-occurring evaluation within 30 days that includes a plan for medication management. Timerman will also be required to abstain from alcohol and drugs, attend cognitive behavior therapy sessions and participate in all random and scheduled drug tests.
Smith also ordered a 60-day waiverable jail sentence. Smith said he would waive that jail time if Timerman follows all of the probation requirements. Timerman would have to serve the jail sentence if there are future violations.