MADISON — A 30-year-old Norfolk man will serve a two-year probationary sentence for his involvement in a criminal case involving multiple drug and child abuse charges.
Iban Carbajal-Martinez was ordered by Judge James Kube in Madison County District Court here Friday morning to take part in the Specialized Substance Abuse Supervision (SSAS) program — an enhanced probation that combines intensive supervision and substance abuse treatment.
According to court records, Carbajal-Martinez was found asleep in a Norfolk hotel in February by law enforcement officers who were attempting to arrest a woman on a felony warrant out of Minnesota.
Deputies with the Madison County Sheriff’s Office arrived at the Norfolk Lodge and Suites, located at 4200 W. Norfolk Ave., and were unable to immediately locate the woman, Danica All Around. However, Carbajal-Martinez was asleep in the suite registered in All Around’s name.
The deputies had previously been informed that All Around may have been using methamphetamine around her children, so they searched the two-room suite.
Court records indicate deputies discovered 10 bags of various candies infused with THC, a pipe and a scale with methamphetamine residue, 10 additional pipes, a vaporizer, marijuana butter, three containers of liquids infused with THC, multiple containers of marijuana, multiple digital scales, a container of “shatter” and a container of “dabs” — both forms of concentrated THC.
In court Friday, Carbajal-Martinez was sentenced on possession of methamphetamine, possession of hydrocodone and child abuse. Numerous other charges were dismissed in a prior plea agreement.
Kube noted that Carbajal-Martinez’s criminal history was mostly in relation to alcohol offenses, including three driving under the influence charges.
The judge asked Carbajal-Martinez when the last time was he used methamphetamine, and the defendant answered that he had been clean for nearly a year.
Carbajal-Martinez said he was released from jail on a driving under the influence charge about a month ago, and had been working to stay sober so he could parent his 11-year-old daughter.
Kube noted that Carbajal-Martinez’s daughter, as well as All Around’s two children, all tested positive for methamphetamine and marijuana. That why the defendant was charged with child abuse.
Carbajal-Martinez denied using drugs around the children and said it was his ex who had done so.
Deputy Madison County Attorney Joe Abler did not make any sentencing recommendations, pursuant to the plea agreement.
Brad Ewalt, Carbajal-Martinez’s attorney, said his client has stayed completely clean and sober since being released from jail and had obtained employment and regained placement of his daughter.
“(Carbajal-Martinez) is ready to make the change. He doesn’t want to live this way. … He is trying to get full legal and physical custody of his daughter … and he wants to do better for himself and his daughter,” Ewalt said.
When Carbajal-Martinez was given the opportunity to address the court, he declined to do so.
Kube told the defendant that it was time to make a decision about where to go in life at this point.
“You have raised your daughter and been involved with her for a large portion of her life. You’re still involved in drug use and trouble and that’s getting you off track. You’re 30 years old, and it’s time for you to make a decision with your life. The PSI (pre-sentence investigation) recommends SSAS, and it appears as if you’re in a position where you’re ready to make some changes,” Kube said.
He then sentenced Carbajal-Martinez to 24 months of SSAS probation and to 90 days in jail. Carbajal-Martinez was given credit for 42 days previously served, and the balance of jail time was ordered to be served prior to the end of probation, unless it is waived by the probation officer. He was also ordered to pay costs.
Kube also sentenced others on the following charges:
Possession of methamphetamine
Roger Humphrey, 59, 1204 W. Norfolk Ave., 12 months of SSAS probation, 90 days in jail with credit for 90 days served, costs waived.
Possession of marijuana with intent to deliver.
Cody Stone, 20, Stanton, 24 months of SSAS probation, 90 days in jail with credit for 59 days served and the balance to be served prior to the end of probation unless waived, costs.