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Nelson, McCullough appear before Judge Wayman

by JOSH McDONALD
Local Editor | July 19, 2021 2:15 PM

WALLACE — Monday was Law Day in Shoshone County and District Judge Scott Wayman once again heard numerous cases throughout the busy day.

Two of the more notable cases on the day’s docket were the sentencing of David Nelson and a pre-trial conference for Cappuccino McCullough.

According to court documents, Nelson, 37, of Post Falls, accepted a plea from the state where if he pleaded guilty to two of the six charges brought against him, the other four would be dropped.

Nelson’s charges stemmed from an incident in April of this year, where he led officers on a high-speed chase that ended with an officer executing a pit maneuver to bring the chase to an end.

Nelson was arrested on charges of eluding an officer, possession of a schedule I controlled substance, driving under the influence, reckless driving, use or possession of drug paraphernalia and assault on an officer.

Nelson pleaded guilty to the felony eluding charge and possession of a schedule I controlled substance (methamphetamine), where the maximum penalties for each charge were five years in jail, and $50,000 and seven years and $15,000 respectively.

As part of his plea, Nelson will serve a three-year concurrent sentence for each charge, with one and a half years fixed and the other one and a half years indeterminate for both charges.

McCullough appeared before Judge Wayman for a pre-trial conference where he entered an Alford plea on one of his three drug-related charges in exchange for the other two being dismissed.

The charge was possession of a schedule II substance.

Under an Alford plea, a defendant admits no wrongdoing but concedes a guilty verdict could result following a trial. The plea is treated no differently than a standard plea of guilt at sentencing.

McCullough, a fugitive from Washington, was one of nine people arrested in a late October raid on a drug den in Smelterville.

What began as a probation and parole check yielded trafficking amounts of methamphetamine and heroin, along with user amounts of marijuana and miscellaneous drug paraphernalia.

As a result, all five individuals present in the home — including McCullough — were taken into custody without incident.

While the scene was being processed, five individuals arrived at the residence, two of the subjects admitted their intentions were to purchase drugs from the suspects in the home and another one of these individuals turned out to be a male with an outstanding warrant from Kootenai County.

According to court records, all of the other participants had taken plea agreements with McCullough being the lone exception.

The maximum penalty for possession of a schedule II substance is seven years and $15,000.

Sentencing is scheduled for some time in the fall of this year.