Warrant is issued after man fails to show for sentencing

A 29-year-old Columbus man was a no-show in Platte County District Court for a hearing in which he was scheduled to be sentenced on a drug charge.
2010-01-21T00:00:00Z Warrant is issued after man fails to show for sentencingBy Jim Osborn josborn@columbustelegram.com Columbus Telegram
January 21, 2010 12:00 am  • 

COLUMBUS — A 29-year-old Columbus man was a no-show in Platte County District Court for a hearing in which he was scheduled to be sentenced on a drug charge stemming from an attempted burglary of a friend’s apartment in December 2008.

District Judge Robert Steinke issued an arrest warrant for Jerry Tabbytosavit after the defendant failed to appear at sentencing on his conviction for possession of a controlled substance (methamphetamine).

The warrant was accompanied by a letter from Platte County Attorney Sandra Allen that the county was willing to extradite Tabbytosavit from any state in the nation if he is arrested.

Steinke set the defendant’s bond at 10 percent of $100,000 for his failure to appear at sentencing. Tabbytosavit’s bond for the drug conviction while he was awaiting sentencing was 10 percent of $10,000.

By state law, a defendant can be released pending trial or sentencing by posting 10 percent of the bond.

The drug charge is a Class IV felony, punishable by a maximum of five years imprisonment, $10,000 fine or both and no minimum sentence.

Tabbytosavit was originally charged with burglary, possession of meth and possession of drug paraphernalia. He pleaded guilty to the drug charge in exchange for the county attorney’s office dismissing the other charges.

The defendant was convicted of attempted delivery of meth in 2007 and sentenced to 18 months to three years in prison.

Tabbytosavit and a then 26-year-old city woman were arrested at the apartment of a friend in early December 2008 while the friend was temporarily residing in the county lockup.

The female was in custody at the Platte County Detention Facility on charges of possession with intent to deliver meth and theft by unlawful taking when she was contacted by law enforcement authorities.

A witness had reported a possible burglary in progress at the county inmate’s 40th Avenue apartment, according to an affidavit filed in the case by Columbus Police Officer Aaron Howland.

The witness reported seeing a man and woman climb over the apartment balcony and enter the residence, Howland said in his statement. The two break-in suspects were inside the apartment when the officer arrived.

Tabbytosavit and the other suspect said they had permission to be in the apartment and were helping a friend move, Howland said.

The officer knew the woman friend lived in the apartment and that she was in the county jail.

The female resident told authorities she knew the two people in her apartment, but they did not have permission to be in her home and whatever the suspects told the officers on the scene was a lie, Howland said.

The officer said he arrested Tabbytosavit for burglary and he noticed the suspect reach into his pocket and toss a pack of cigarettes on the floor. Meth and a drug pipe were found in the package.

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