Prosecutor gets man one last chance to change his ways

March 1, 2004

Boundary County Prosecutor Jack Douglas doesn’t go easy on defendants who plead guilty to drug offenses, but in cases where there’s hope, he balances the need to punish with the chance to turn the defendant away from the wrong path.

Such was the case with Kyle J. Lee, 23, Rathdrum, who was arrested at the Porthill Port of Entry at about 2:50 p.m. September 14, 2003, when a routine check revealed he had a suspended license. Later, a search of his vehicle turned up .5 grams of methamphetamine, a felony. Lee was charged with both offenses, and jailed on $10,000 bond.

Lee was sentenced February 18, where Judge Steve Verby followed the prosecution’s recommendation, imposing a two- to four-year prison sentence, levied a $1,000 fine, restitution and court costs, and retained jurisdiction to allow Lee one last chance.

He later pled guilty to the charge of possession of methamphetamines and the driving without privileges charge was dropped. He knew he was facing up to seven years in prison, and with a history of offenses, he was resigned to the fact that he’d be doing a long stretch. There were no sentence recommendations included in the plea agreement.

But after reviewing Lee’s pre-sentencing report, Douglas and the state interviewer realized that despite a troubled past, the young man deserved one last chance. In a five-page sentencing recommendation to Judge Steve Verby, that’s just what he asked for, though it’s not going to be an easy one.

“The state has to take addiction to methamphetamine very seriously,” Douglas wrote, “because all the literature and experts seem to hold the unanimous view that methamphetamine is highly addictive and destroys lives. It is obvious that many defendants, and their families, enter into a form of ‘hell on earth’ due to addiction to methamphetamine.”

The sentencing was moved to Bonner County at the request of the defendant and the judge. Because he had prior commitments in Boundary County, Douglas submitted his recommendation in writing. It was the first time Douglas had not appeared in person at a sentencing hearing.

Douglas cited a string of offenses, including possession of paraphernalia, DUI, inattentive driving, and theft, most while he was a juvenile and all diverted, deferred or dismissed. Because of his addiction to drugs, Lee dropped out of school, which underscored, Douglas said, the damage done by substance abuse. In trying to free himself of his addiction, Lee twice underwent intensive outpatient treatment, failing both times, before undergoing inpatient treatment. After that, he was able to stay clean for two months, but the false allure of meth was too strong and he suffered a relapse.

Lee told the author of the pre-sentence report, Terry Polk, that he was an addict and that he wanted to change. Polk felt Lee deserved one more chance. After reviewing the young man’s history, Douglas concurred. Instead of seeking straight prison time, Douglas recommended retained jurisdiction to allow Lee to undergo a stringent, six-month “boot camp” at Cottonwood, where he’ll receive intensive counseling and discipline.

If he fails, he goes to prison for two to four years. And if he successfully completes the program, he has a long period of supervised scrutiny to ensure he stays on the straight and narrow.

“We believe that a ‘rider’ at Cottonwood would benefit this young man,” Douglas wrote, “giving him an opportunity to learn from the many fine programs Cottonwood offers and to learn some discipline and self-respect. Perhaps he can use that approximately six months to look inward and make the only kind of personal change that is ever going to get his life back on track. We are encouraged by his youth and by the fact that the report writer felt he deserved this opportunity. I have given this matter a lot of thought. I wish to send a message that helps Kyle Lee want to reform and help discourage others from a similar life.”

*Photo courtesy Boundary County Sheriff and available for use without permission.