Shoshone County's first fentanyl trafficking offender sentenced

WALLACE –– Two individuals were sentenced on Monday in connection with Shoshone County’s first fentanyl trafficking case since Idaho passed new legislation concerning the dangerous opioid.  

Derrick Fleming, 46, and Sylvia Spencer, 35, were two of four people arrested in December after a traffic stop resulted in the seizure of over 500 fentanyl pills, 30.5 grams of methamphetamine, and drug paraphernalia. 

The group was returning to Montana after reportedly purchasing the drugs earlier that day in Spokane.  

Trafficking in fentanyl has three tiers for offending, each tier based upon the amount of drugs seized, with increased penalties for each tier.  

As part of a plea agreement, Fleming pleaded guilty to one count of trafficking in fentanyl (more than four but less than 14 total grams), in exchange for his plea the state dropped three other charges, including trafficking in methamphetamine, possession of drug paraphernalia, and attempting to convey contraband into a correctional facility. 

Douglas Pierce, Fleming’s attorney, explained to the court that while a high number of fentanyl pills were discovered, only a fraction of them belonged to Fleming and were for his personal use.  

“My client had no intention of distributing the drugs to anyone else but himself,” Pierce said. “He was making a drug run for his own use.”  

According to Shoshone County Deputy Prosecutor Britney Jacobs, Fleming has an extensive criminal history and has been convicted of felonies in Ohio and Montana, which she asked the judge to consider when handing down her sentence.  

The mandatory minimum for trafficking fentanyl in amounts less than 14 grams is three years in prison and a $10,000 fine.  

Judge Barbara Duggan took it a step further and sentenced Fleming to a unified 10-year prison sentence that includes three years fixed and the other seven years indeterminate.  

Spencer, who was little more than a passenger in the vehicle when it was stopped and searched, was sentenced to a unified four-year sentence, including two years fixed. However, Judge Duggan suspended the sentence and added two years of supervised probation that Spencer must serve without incident.  

Ryan Shumaker, 41, one of the other two people arrested during the traffic stop, pleaded guilty to possession of a controlled substance and is scheduled for sentencing on April 7. 

Dawn Thurman, 56, still has charges pending, including trafficking in fentanyl (28 grams or more), trafficking in methamphetamine, and possession of drug paraphernalia. Thurman’s fentanyl trafficking charge is the highest tier and carries a mandatory minimum penalty of 10 years in prison and $25,000 fine.  

She is currently undergoing substance abuse treatment and is scheduled to be in court on March 20.