Audubon County Attorney Sarah A. Jennings reports Zackary Scott was sentenced Monday to 15 years in prison, for Possession of a Controlled Substance with Intent to Deliver Methamphetamine (a Class C Felony), and Possession of a Controlled Substance with Intent to Deliver Marijuana (a Class D Felony), after having his probation revoked for another drug violation. He received a ten-year sentence on the Class C and a five-year sentence on the Class D, with the two running consecutive to each other for a total prison term not to exceed 15 years.

Zackary Scott

Scott was caught running meth and marijuana in Audubon County in August of 2018. Because he had a drug addiction of his own and only a moderate criminal history, the county attorney allowed him to be placed on probation so he could seek help for his problem. In a quid pro quo, a 15-year suspended prison sentence was hung over his head, to be imposed if he did not comply with the terms of his probation. He pleaded guilty and was placed on probation on November 14, 2018.

Just one day later, Zackary Scott was arrested for possession of marijuana in another county. Because the county attorney believed Scott had abused the generous deal he had received, the State joined with the Department of Probation in recommending that his probation be revoked and his original sentence imposed. Scott had already been given suspended prison sentences in 2015 on two other felony convictions in other counties, so this violation was his “third strike.” Judge Craig Dreismeier revoked Mr. Scott’s probation and imposed the original prison sentence yesterday in court with mittimus to issue immediately. The judge’s order also states that the defendant is to receive drug treatment while incarcerated.