Judge Aaron J. Gauthier: Denies Probation, Orders Jail Time for Felony Prescription Fraud

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[00:00:00]be Tamara Martinez file 25-7121FH counces >> and James Gilbert here on behalf of Miss Martinez.

[00:00:12]>> All right. And um we're here for sentencing on charge of possession of tramodol and RNO. Those are two-year maximums. 0 to 11 guidelines in both files. any additions, corrections, or sporting challenges from the defense?

[00:00:29]>> Your honor, we did um when we went through the PSI, we saw that she had pending charges. I believe uh uh she did follow up. There was a fine that was um due up in Marquette and she's taking care of that.

[00:00:42]>> Okay. Um >> we just want to let the court know, but yeah, we don't have no additions or corrections or scoring challenges.

[00:00:50]>> Okay. Thank you, Miss Gri. Any additions, corrections, or scoring challenges from the No.

[00:00:59]All right, Mr. Gilbert, go ahead with the eleution.

[00:01:02]>> Well, she has done a fantastic job over the course of uh this case. This case is we look at the date, it's been going on for quite some time. And the reason for that was that uh Tamara voluntarily went into a religious type organization that focuses on uh basically people that have addictions. Was up in the UP. We kept monitoring her. The prosecutor was involved with this.

[00:01:29]>> Was at the Was she at the Mission Bible Training Center up there or >> And I know I talked with the staff there and uh basically she knocked it out of the park. Uh she did a fantastic job.

[00:01:40]She's doing well with uh her sobriety.

[00:01:42]She's doing well in staying off of off of things. And we're in support of the recommendation. I know she'd like would like me to ask for less less probation uh just due to the fact that she has been on bond quite a while and done very well. Um we've had no issues with her and again has been very aggressive about trying to address the what got her in this position. So thank you.

[00:02:08]>> Miss Martinez, you don't have to say anything to me today, but you're welcome to. Is there anything you want to say or no?

[00:02:14]>> No. No.

[00:02:16]>> M good. Any recommendations from the people?

[00:02:18]>> Uh yes, honor. Thank you. on on September 3rd of 2025. The defendant was asked to leave someone's home. She was intoxicated at the time. Um she had walked outside stumbling around after an officer instructed her she could not go back in the house. She walked around.

[00:02:32]The officer went back into the house.

[00:02:34]She was arrested and her backpack. There was tradol and her PBT that day was a 268.

[00:02:41]Uh the defendant is 66 years old. She has one felony and 17 misdemeanor.

[00:02:47]She's on social security with the GED. I was surprised to learn in the PSI that the Mission Bible Training Center actually doesn't address substance abuse uh issues and doesn't provide counseling or any therapy because I thought she was in a rehab type place.

[00:03:02]>> Yeah, as I understand those, it's similar to the Lions Den Rest Common where uh I think of it as a residential support group. So, think of it as like a living aa religious-based. Um, they the the people that run those usually are people in recovery and they have a lot of rules. They have a lot of structure and they do a good job with what they do, but it's not uh it's not evidence-based um treatment modalities.

[00:03:24]It's not a residential facility. It's not a residential treatment facility. I think of it like it's a residential AA.

[00:03:30]>> Well, that makes me feel better than that there was some type of addressing for speech issues. I think that's what this case is really about and the reason why we have the no immediate jail agreement. So I would ask the forel the PSI recommendations for one year probation to address those substance use issues.

[00:03:46]>> Great. Thank you. Well, Miss Martinez, um you're uh you're 66 years of age. You only have one prior felony and a a whole bunch of misdemeanors. And it looks like a lot of those would have been, you know, alcohol issues or other issues, other substances, but alcohol seems to have been a highlight of those of those cases. And in this case, you're a 268.

[00:04:15]And so you you take a minor situation and you turn it into a felony, which that tends to happen when people are very very drunk. They don't make the best of decisions.

[00:04:26]And with the history that you've got of substance use, you know, I note that you're uh residing with your with your daughter and her husband right now.

[00:04:36]>> No, I'm not. Uh actually a few days.

[00:04:39]Well, I think it's been a week. I did move down to the North Country and >> Okay. So you have your own housing number.

[00:04:45]>> Yeah, it's my stepping stone.

[00:04:48]>> Okay, good. Good. But they've been a good support for you and then pardon, >> but they've been they've been a good support for you. Is that right?

[00:04:54]>> Yes. Um well, when I went up to the mission, I have a problem with um not good girl at all. Um, I had problems like when that would happen, I'd have a blackout. into something kind of the way I was raised to a and I kind of said that and well I did I I wrote a testimony and I always knew there was something there that was kind of wrong you know and um I explained it as a missing piece of puzzle but I understand it was the missing piece was God I didn't realize that we were going to have eternity and and keep on living and I was real depressed and scared.

[00:05:44]>> Okay.

[00:05:46]>> I don't have that now because I got that faith and understanding um that we're going to carry on and everything's going to be okay.

[00:05:56]>> Okay. All right. Well, you we can't uh we can't undo the 65 years in the past, but uh but you can move forward in a better way. and and I'm I'm happy to hear you've got some better direction going on and I hope you continue with that, Miss Martinez. I mean, the main thing is going to be you have to stay as far away as possible from any alcohol or drugs, and this is this is going to be a major problem for you. So, you got to continue on with uh with all those things. So, I am going to place you on probation as recommended. It is for 12 months, but here's the thing. You are going to be eligible to petition for release from probation after 6 months if you've completed all the things that the probation agent wants you to do. Okay?

[00:06:43]It'll be during that 12 months, it'll be you're subject to the terms and conditions listed in the presentence report. I want to highlight some of them. You have to go to AANA or other support group meetings as uh recommended or required by your field agent.

[00:07:00]You have to complete a substance abuse assessment and treatment for substance abuse as required by your field agent.

[00:07:07]And you have to attend either a psychological evaluation or uh therapy counseling as recommended by your field agent. Okay? So, you've got a boss in your life right now and it's it's me through our probation agents. Okay? Um, >> and the probation agent is going to give you directions about what you have to do with counseling and with treatment and with support groups. And these are not suggestions to you. They are requirements. Okay? So, you have to follow all those things.

[00:07:35]And there's also a mandatory crime victim's assessment of $130 and state cost of 136.

[00:07:43]The court will also assess court costs in the amount of $350 and there's a monthly supervision fee to the Department of Corrections. I'm not going to impose any jail. That's consistent with the advisory guidelines and also with the sentence agreement for no upfront jail.

[00:07:58]Um, do you want her to stick around to speak with you?

[00:08:01]>> Yes, please.

[00:08:02]>> Okay. Stick around to talk to Agent Martin before you go. So, go out in the hallway and you can talk to her. You can appeal if you wish by filing an application of the court of appeals. If you wanted a lawyer, you'd have to ask me within six months.

[00:08:14]We're going to hand you a piece of paper about your probation rights if we didn't already. and we're going to hand you a piece of paper about your rights to appeal. We want you to initial one copy of that so that we have a record. We gave it to you. The other one is for you to fill out if you want to take an appeal. Do you have any questions for me, Mr. >> Well, it's not that I minded. I didn't understand this at first because I got a lot on my plate right now.

[00:08:37]>> Okay.

[00:08:37]>> You know, because of all my counseling and stuff that um greatly I'm going through. Um, they have group meetings and also I see a counselor every week.

[00:08:50]>> Well, that's fine. You'll just have to make sure to sign the releases so that your your super so that HMart knows about those things and, you know, can keep track of those things with you.

[00:08:58]Okay.

[00:08:59]>> Yeah. It makes it okay with me because I'm already doing those things. So, I'll just >> Well, I have a little news for you. It doesn't matter to me if it's okay with you. I'm going to order you to do those things and doesn't matter to me if you like it or not. You You'll have to do them.

[00:09:13]All right. Thank you.

[00:09:14]>> Okay. You have a good day. Good luck.

[00:09:16]>> Okay.

[00:09:36]>> McGee and um Mr. Mr. Gil, you've had a chance to review the precent report.

[00:09:41]>> Yes. U Mr. McGee and I had discussed this prior to today, but I had to get him on additional copies and talk to him.

[00:09:48]>> And the advisory guidelines are at 0 to six. Any additions, corrections, or scoring challenges?

[00:09:51]>> No additions or corrections or scoring challenges?

[00:09:54]>> Mr. Rich, any from the people?

[00:09:55]>> No, your honor.

[00:09:56]>> Okay. So, Mr. Gilbert, um, we do have the show cause where Mr. McGee, it's alleged that you're in contempt court for violating your bond for a positive alcohol test. It looks like back in December. I'm not sure. Well, I signed this in March, but um uh but Mr. Gilbert, do you know what we're going to do with that or >> Well, he is going to admit that he did his grandfather passed away and he didn't drink alcohol.

[00:10:22]>> Okay.

[00:10:23]>> After that, >> so Mr. McGee, you understand you have the right to have a hearing on that question and the assistance of your lawyer?

[00:10:29]>> Yes.

[00:10:29]>> Okay. And uh contempt to court would be a maximum 93 days jail or a fine of up to 7,500. Do you understand that?

[00:10:36]>> Correct. Has anybody promised you anything in exchange for admitting that?

[00:10:40]>> No.

[00:10:40]>> Anybody threatened you?

[00:10:41]>> No, sir. It's >> your own free choice?

[00:10:43]>> Yes.

[00:10:43]>> Knowing all this, how do you wish to plead to contempt to court? Guilty or not guilty?

[00:10:49]>> So, Mr. McGee, uh, you were on a bond uh, in this case that required you not to use or possess alcohol or controlled substances. Is that right?

[00:10:57]>> Correct.

[00:10:57]>> And while you were on those conditions, did you in fact drink alcohol?

[00:11:01]>> Yes.

[00:11:01]>> And that was uh, you said somebody close to you had passed away. Is that right?

[00:11:05]>> My grandfather. Okay. All right. Mr. Gilbert, you satisfied?

[00:11:10]>> Miss Gilbert?

[00:11:10]>> Yes.

[00:11:11]>> Okay. Mr. McGee, I find that your plea is knowingly, understandingly, and voluntarily made, and that there is a sufficient basis, in fact, in law to believe you're in contempt. And so, I do so find.

[00:11:24]So, we'll enter a judgment of contempt.

[00:11:25]And so, Mr. Gilbert, anything you want to say with regard to what's a proper sentence for the uh underlying charge as well as the contempt? Go ahead.

[00:11:32]>> Oh, yes, your honor. Excuse me. Um I I would I know that the recommendation is at the higher higher end of the guidelines. I would ask the court to Mr. McGee's done pretty well on bond other than the one incident we just had. Uh that probation might be a more appropriate uh resolution than incarceration. U Mr. McGee right from the get-go was acknowledging that he committed this crime to culpability for it and he's with me until we can come up with a resolution. And even just like with this uh probation violation, did you violate? Yes, I did. This is what what happened. Um he had the same attitude with me on the underlying case that you know he wasn't going to he wanted to take culpability. And so I would ask that the court consider a lesser jail sten than six months possible possibly no jail with jail held in a balance with a longer term of probation. Um I would ask the court to consider that. Thank you. Okay. Thank you. Um, Mr. uh, McGee, you don't have to tell me anything further today about this, but you're welcome to. Is there anything you want to tell me? No.

[00:12:42]>> All right. What happened?

[00:12:43]>> Well, not just what happened, but you can tell me anything you want right now, but you don't have to make a statement.

[00:12:49]>> I just wish I could go to jail. You know, I take care of my kids every day.

[00:12:55]I had a daughter and a son, so probation would be nice for me, but I know what I did full of accountability with my actions.

[00:13:05]>> Okay. All right. Thank you, sir. Mr. Kitch, any recommendations from the people?

[00:13:09]>> Uh, yes, your honor. Thank you. This is an unusual case that back in December of 2025, uh, the defendant had picked up a fraudulent prescription for coding. Uh, this was happening more than once and the police were alerted that there may be another potential one. Uh, so they were on standby. Uh, after his arrest, the fraudulent prescription problem in the area stopped. I don't know if he was just doing it or a group of people who I guess don't know. The defendant is 31 years old. He was 23 at the time of his first arrest. He has one prior felony, one misdemeanor. He's unemployed with a high school diploma. The guidelines are 0 to six months. The recommendations is six months jail with credit for four days served. I'd ask the court to follow the PSI recommendations.

[00:13:53]All right. Well, Mr. McGee, um, you know, the, uh, you don't have to, I mean, you, you've got to, even when you have taken responsibility for your part in it, you know, you've got fifth amendment, right, where I can't we can't extract more information from you than you want to give about what was going on. But, you know, the uh the probation agent and the prosecutor and frankly myself, we got some questions about that like in our minds, you know, like there's clearly something going on and you don't want to share with us uh who else may have been participating or what all was going on. And I and I I understand that and I'm not sentencing you today, you know, more harshly because you don't want to, you know, participate in that part of it. Um, you know, but what does concern me is we we do have the the one bond violation.

[00:14:47]It's not an extreme one, but you know, we do have that issue. But also then this was uh you know um I think your involvement was on more than one occasion. I mean, you're you're committing a willful fraud of traveling to an area where you really don't have any connections to and and submitting fraudulent uh prescriptions to to obtain a controlled substance.

[00:15:10]Uh I don't then know what you're doing with that substance. Um you know, or or why you're coming all that way uh to do that, you know, but that's that's concerning.

[00:15:24]Uh, I mean, I just I don't think that uh putting you on probation is really going to going to accomplish a whole lot. Um, you don't have a So, I understand that the recommendation not to put you on probation. I don't think I'm going to do that. You only have one one uh felony.

[00:15:44]It was just a couple years ago um down in Jese on a on a weapons uh looks like a weapons felony.

[00:15:56]So I guess uh taking all those things into account, Mr. McGee, what I'm going to do is um there's some fines and costs involved.

[00:16:04]There's $68 in state cost, $130 in the crime victim's assessment, $350 in court costs, and uh I think what I'm what I am going to do is I am going to order you to serve a little jail, but it's going to be two months. I'm going to order you serve two months in the Shoen County Jail, credit for four days previously served.

[00:16:27]Um, and on the contempt, I'm going to order you to serve um 10 days jail um concurrent with that. Um, so we'll just enter a judgment of contempt on that, but it won't add to your time.

[00:16:40]That's the sentence of the court. Mr. McGee, I'm not going to put you on probation. So, when you're done with your time, whatever the jail calculates your out time with a good time, if you behave back there, then you don't you're not on any paper with me. You do owe those fines and costs. So, you got to make those arrangements or we'll see each other again on a contempt show cause.

[00:16:59]If you wanted to appeal, you can do so by filing an application the court of appeals. If you want a lawyer appointed, you have to ask me for that within six months. We're going to hand you some paperwork about that. Ask you to initial one copy for us. The other one is for you to fill out if you want to take an appeal. Any questions for me, sir? Yes, sir.

[00:17:16]>> Okay. Good luck.

[00:17:19]Here we go.