Kalispell woman gets deferred sentence

Nicole Barry was given a two-year deferred imposition of sentence by Judge James Wheelis Monday in Montana’s 19th Judicial District Court on a felony charge of criminal possession of dangerous drugs.

Barry entered into a plea agreement with the Lincoln County Attorney’s Office July 27 and pleaded guilty to the possession charge. Pursuant to the agreement, a misdemeanor charge of criminal possession of drug paraphernalia was dismissed.

Barry, a Kalispell resident, was arrested March 21, 2015, by Officer Terry Watson of the Libby Police Department at Libby High School during the Little Guy Wrestling Tournament. In his narrative attached to the affidavit of probable cause, Watson wrote he was called to the school to assist Lincoln County Sheriff’s Deputy Nate Scofield, who had escorted an intoxicated woman from the building.

Scofield told Watson another attendee at the event witnessed unusual behavior from Barry and suspected she was using drugs. Watson wrote Barry consented to a search of her purse, which revealed the presence of a clear plastic straw with residue and a small vial of a white, powdery substance. The substance was tested and confirmed to be methamphetamine.

Barry was arrested on the scene and booked into the Lincoln County Detention Center.

Under the terms of the plea agreement and deferred sentence, Barry will be on probation for the two-year term, under the auspices of Adult Probation and Parole. Should she successfully complete the terms of her probation, she will be able to petition the court to have the charges dismissed. Should she violate any of the terms of her release, she could be sentenced immediately to the maximum penalty allowed under law, up to five years in prison and a $50,000 fine.