Sauer gets 10 years for heroin delivery

WALLACE — Timothy Sauer, 19, received his sentences from three different felony charges earlier this week.

Sauer will be serving 10 years (two fixed) for delivery of a schedule I controlled substance (heroin), five years (two fixed) for grand theft by possession of a stolen firearm and five years (two fixed) for possession of a controlled substance schedule I.

Judge Scott Wayman took Shoshone County prosecuting attorney Keisha Oxendine’s recommendation as to the sentencing after hearing Oxendine tell the story of Sauer’s last year, a story that left most of the courtroom, including Sauer himself, very emotional.

On Nov. 8 of last year Sauer pled guilty to possession of methamphetamine stemming from an arrest in Kootenai County in July.

“On Nov. 26, (2017) 18 days after Tim Sauer pled guilty to his Kootenai County possession case, police were called to the Amy Lynn Apartments (in Kellogg) for an apparent drug overdose by Jesse Cruzan,” Oxendine said. “Cruzan, at the time an active drug court participant, never regained consciousness and later died. Tim Sauer was not present at the scene when law enforcement arrived. A witness however, who was at the scene claimed that Tim Sauer had given Cruzan half a point of heroin and Cruzan had wanted more. The witness reported to law enforcement that she said to Sauer, ‘don’t give him anymore.’ She walked out of the room and she returned and Tim Sauer told her that he’s given Cruzan more heroin. It was shortly after that Tim Sauer and this witness found Cruzan unconscious, twitching and foaming at the mouth. Tim Sauer did not call 911. Tim Sauer called his cousin to come to the residence and after his cousin arrived, Tim Sauer left the scene. Another friend and felony probationer Jacob Prince, called 911. Tim Sauer never called 911. Tim Sauer did not attempt to provide any life saving measures to Jesse Cruzan. But it didn’t matter Your Honor because it was too late. Three days later Tim Sauer gave a full confession to delivering the heroin to Jesse Cruzan that resulted in his overdose death and leaving Cruzan at the scene. But this wasn’t enough to stop his criminal behavior in our community. On March 6 (2018), Tim Sauer was arrested attempting to sell a stolen firearm, to this charge he has also pled guilty. Your Honor, Tim Sauer’s original Kootenai County charge is from July of 2017, he posted bond shortly thereafter and continued his criminal behavior in this community, we don’t know about any others. But it is apparent that Tim Sauer was the direct individual who provided the heroin to Jesse Cruzan, who overdosed and ultimately died. The court is very well aware of the opioid epidemic across the nation and in this community. Our young people are using heroin and they are dying from it. It’s happening everywhere and Tim Sauer is one of the dealers. Your Honor, Tim Sauer was not deterred, not when he was charged in Kootenai County. He wasn’t deterred when he gave a full confession to a law enforcement officer that he delivered heroin to Jesse Cruzan. And he continued his criminal behavior by obtaining a stolen firearm and attempting to sell it in our community.”

Many family members and friends were present in the courtroom for Sauer’s sentencing, many of whom were visibly shaken following Oxendine’s oration.

Blaine Horrocks, Sauer’s attorney, hoped to sway the judge into retained jurisdiction, commonly known as the Rider Program.

A Rider is more serious than being placed on felony probation, but provides the defendant with an opportunity to avoid prison.

When sentenced to a Rider, the judge will retain jurisdiction over the case.

This means if the defendant is successful in completing the Rider program, the court may decide not to impose the remaining prison term, but place the defendant on probation instead.

Judge Wayman didn’t agree with Horrocks.

“The charge that started all of this, the possession of a controlled substance. When people get caught in possession of a controlled substance charge, that is usually the wake up call, that is the thing that gets them into treatment, that is the thing that shakes them awake to start making positive decisions with their lives,” Wayman said. “In your case, the exact opposite occurred. I don’t think the retained jurisdiction program is appropriate here.”

Wayman then delivered his sentences, all of which run concurrent with one another.

“What I’ve done here Mr. Sauer, is held you accountable under the law,” Wayman said. “I’ve imposed a fairly stiff, lengthy sentence to give you the opportunity to prove that you can safely rejoin society if given the opportunity for parole after a couple of years.”