Court offers Potter man "one shot"

Michael Livingstone, age 22 of Potter, was sentenced to 5 years intensive supervised probation on Wednesday for attempted distribution of marijuana, a class four felony. He was given credit for 93 days served in jail.

Livingstone was originally charged with distribution of marijuana in a school zone, a class two felony. The defendant entered into a plea agreement with the state in exchange for the charge reduction.

Deputy Cheyenne County attorney Jonathon Stellar told the court that pursuant to the plea agreement, the state had no qualms with a sentence of intensive supervised probation. However, Stellar informed the court that if the defendant made mistakes during his probation that his office would ask for jail time. He also requested that Livingstone be placed in programs during his probation help him maintain sobriety.

“This is his one chance, this is his one shot,” Stellar said.

Steve Elmshaeuser, representing the defense spoke of his client’s past issues and confirmed that Livingstone has a problem with alcohol abuse.

“He’s working on the alcohol,” Elmshaeuser said. “He feels good about where he’s at now.”

Elmshaeuser asked for probation.

“I’d like to say that I’m sorry,” Livingstone told the court before his sentencing.

He told the court he’d like the opportunity to exhibit that he can be a good man.

“I’m not the same person I was last year,” Livingstone said.

District court judge Derek Weimer told Livingstone that he alone was responsible for his own future.

“Whether or not you wind up going to prison is entirely up to you,” Weimer said.

The terms of Livingstone’s probation were designed to help him maintain his sobriety, Weimer said.

Livingstone will be required to abstain from the use of alcohol or controlled substances for the duration of his probation and will be required to attend two Alcoholic Anonymous meetings per week, as well as additional jail time, which can be waived if Livingstone maintains the terms of his probation.