Scott cases postponed in county court
Judge Gardner cites sentencing in district court assault case for delay
February 5, 2013
“Mr. Scott is at a critical juncture in his life. If I am going to make a decision today sentencing may take away any chance for (Scott’s) rehabilitation.”
— Moffat County Court Judge Sandra Gardner about her decision to postpone sentencing in three cases against Derik Scott.
Sentencing against a Craig resident charged in three separate cases in Moffat County Court was delayed Tuesday until later this month.
Derik Scott, 24, of Craig, pleaded guilty in county court to one count of violating a restraining order and one count of probation revocation, both misdemeanors, and a felony charge of violating a restraining order.
Though he was scheduled for sentencing Tuesday Scott's attorney, public defender Kiyomi Bolick, asked that the cases be continued until after a resolution has been reached in Scott's Moffat County District Court case.
Scott also was scheduled to appear in district court Tuesday to be arraigned on two counts of second-degree assault, a Class 4 felony, and one count of violating the conditions of a bail bond, a Class 6 felony. But he did not appear because a jury trial lasted longer than anticipated.
In addition Scott faces two counts of sentence enhancers, including one count of committing a violent crime with the use of a weapon and one count of committing a violent crime causing serious bodily injury.
Last week Scott appeared in district court and, through Bolick, waived his right to a pretrial hearing. Bolick filed that request citing she and the 14th Judicial District Attorney's Office were close to reaching a plea deal.
But Bolick also told Gardner Tuesday she would be filing a motion to have Scott screened for drug court in his district court case.
Drug court is a rehabilitation program that would serve as an alternative to a prison sentence should Scott be accepted and ordered into the program by Chief Judge Michael O'Hara.
Because Scott also faces potential prison terms in his three county court cases, Gardner granted the continuance to await O'Hara's decision in the district court case.
"Mr. Scott is at a critical juncture in his life," Gardner said. "If I am going to make a decision today sentencing may take away any chance for (Scott's) rehabilitation."
He is scheduled to return at 3 p.m. today in district court for an arraignment.
Scott next appears at 2 p.m. Feb. 26 for sentencing in county court.
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