Montana man pleads guilty in fentanyl case

WALLACE – A Montana man pleaded guilty to possession of fentanyl with intent to deliver on Monday morning at the Shoshone County Courthouse. 

Colton Zimmer, 35, had originally been charged with trafficking fentanyl, possession of drug paraphernalia, and obstruction before accepting the offer from the state to reduce the trafficking charge and drop the other two charges in exchange for his guilty plea.  

Zimmer’s charges stem from an incident in March of this year where he was reportedly traveling from Coeur d’Alene to Billings and was stopped by a Shoshone County Sheriff’s Deputy for driving well below the speed limit on Interstate 90.  

According to the probable cause affidavit in the case, after he was detained, Zimmer was reportedly uncooperative law enforcement, purposefully locking the door as he exited the vehicle, lying to police about the location of the keys, and claiming there was nothing in the vehicle that a K-9 unit would be able to detect if one was used.  

After the K-9 alerted police to the presence of an illicit substance in the vehicle, Zimmer decided to allow them to search the vehicle and then retrieved the keys from inside his jacket and reportedly threw them at the deputy. 

During their search, a small bag containing approximately 11 grams of what was later confirmed as fentanyl was discovered in the vehicle’s center console along with several pieces of drug paraphernalia.  

During his arraignment on Monday, Judge Barbara Buchanan explained to Zimmer that while his charges were reduced from trafficking, which carries a mandatory minimum sentence of 10 years in prison and $50,000 in fines, to possession with intent to deliver, he could still face a lengthy prison sentence if the judge doesn’t agree with the recommended sentence within the agreement at the time of sentencing.  

Possession of fentanyl with intent to deliver comes with a potential maximum life sentence, but the Shoshone County Prosecutor’s Office is recommending a 10-year sentence that includes three years fixed and the other seven years indeterminate.

Many residents have voiced concerns over the state's willingness to make deals in cases that appear to be very open and shut. Shoshone County Prosecutor Ben Allen recently explained how and why his office works hard to make sure that a resolution is met that both serves justice while not crippling the county financially. 

"Our county’s budget can only accommodate so many jury trials within a budget year, as jury trials consume a large amount of government resources," Allen said. "Given the scarce budget we are currently operating with, the ability to resolve cases short of trial becomes a necessity. Mandatory minimum sentences often deter criminal defendants from rolling the dice on their case and exercising their right to a jury trial in hopes of getting off, because the stakes for contesting their case and losing are more significant. While Idaho only has a few offenses that carry mandatory minimum sentences, for those few categories, we see a disproportionately higher rate of defendants willing to accept responsibility for their actions."

Zimmer’s sentencing is scheduled for June 16 at 10:30 a.m.