During his sentencing Tuesday afternoon in Teton County District Court, David Fogg was ordered to serve two years of supervised probation for pleading guilty to felony possession.
It’s been almost a year and a half since police seized illegal drugs from Fogg’s apartment after responding to a noise complaint.
The 29-year-old pleaded guilty to felony possession of Alprazolam, known more commonly by its brand name, Xanax, in a plea agreement. The state of Wyoming dismissed three other counts of possessing cocaine, marijuana and LSD.
“Your honor, 17 months or so ago things weren’t great for me personally,” Fogg told the court. “Since that night in February, things have really turned around.”
Fogg completed treatment at Curran-Seeley Foundation, his attorney said, and a presentence investigation report concluded that he did not have a substance abuse disorder.
Police responded Feb. 18, 2018, to a noise complaint at Fogg’s apartment. Officers found drugs in plain sight, which led to a search warrant. Cocaine, an e-cigarette with marijuana in it, blotter paper with LSD, burnt foil and 30 pills in Fogg’s room were found, records state.
“I apologize to the court and to the community of Jackson for what I did, and I want to continue the path I’m on,” Fogg said.
Fogg will have to submit to random drug testing during his probation and he isn’t allowed to drink alcohol unless it’s required at his business. Even then, he cannot consume alcohol over a .05% blood alcohol level.
Teton County Chief Deputy Prosecutor Clark Allan told 9th Judicial District Court Judge Timothy Day that Fogg had other drug charges in his record and that the amount of drugs found at his apartment was concerning.
“We wanted to get the defendant in a treatment program to get him on the right track,” Allan said.
Day accepted the plea agreement, but emphasized the seriousness of the terms.
“You’ve had plenty of scrapes with the law involving drugs and alcohol to be put on firm notice,” Day told Fogg. “If you continue that behavior you won’t have leeway to ask for charity in the future.”
Fogg’s felony conviction was set aside, and if he successfully completes probation it will be dismissed.