Cagle pleads guilty to reduced charge, sentenced to less than a year in jail

Jason Cagle, of Sidney, was sentenced to 270 days in Cheyenne County jail on Wednesday for a charge of attempted delivery of marijuana, a class four felony.

Cagle was initially charged with delivery of marijuana, a class three felony. He pled guilty to the lesser charge of attempted delivery of marijuana on Jan. 23 in a plea agreement with the state. Cagle’s other pending case of terroristic threats was dismissed as part of the plea agreement.

Steve Elmshaeuser, representing the defense, reminded the court that Cagle was charged for the possession of 3.4 grams of marijuana, a relatively small amount.

“Mr. Cagle is aware he has a prior criminal history,” Elmshaeuser said.

Most of these prior charges resulted in fairly short jail terms, some lasting only a few days.

“He knows he’s gonna be held accountable for his actions in the past,” Elmshaeuser said.

The defense attorney admitted that his client has a substance abuse issues.

“He’s struggled with that,” Elmshaeuser said.

Cagle did well when he previously took part in substance abuse programs, he added. Cagle has tried to turn his life around in the last six to eight months, the defense attorney told the court.

“Frankly, Mr. Cagle does not want to go to prison,” Elmshaeuser said.

He asked the court for a sentence of probation.

District court judge Derek Weimer spoke of his knowledge of Cagle’s prior history with the court and local law enforcement. Weimer expressed concern that Cagle continued to have issues with drugs after completing time in substance abuse programs in the past.

“After completion of that program, you continued to have issues,” Weimer said. “It’s after that, that you continued to have trouble.”

He added that Cagle presented a substantial risk for additional criminal conduct. Cagle was given credit for three days served on this charge.