Double arraignment hearing

Two not guilty pleas entered

Jess Oaks
Posted 3/7/25

GOSHEN COUNTY – On Wednesday, March 5, the Honorable Judge Edward Buchanan called the Eighth Judicial District Court of Goshen County to order shortly after 10 a.m. in the matter of two …

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Double arraignment hearing

Two not guilty pleas entered

Posted

GOSHEN COUNTY – On Wednesday, March 5, the Honorable Judge Edward Buchanan called the Eighth Judicial District Court of Goshen County to order shortly after 10 a.m. in the matter of two arraignment hearings, Criminal Docket 2025-5, State of Wyoming versus Nicholas Noble and Criminal Docket 2025-6, State of Wyoming versus Jeffery Glenn Darr.  Both Noble and Darr were represented by their public defender, Gregory Bruce Asay and Eric Boyer, Goshen County Attorney, represented the State of Wyoming. 

“Gentlemen, this morning, I’m going to ask you a number of questions. I’m going to go over your constitutional rights in these cases and then I will go over your individual charges with you and explain to you what it is alleged you’ve done as well as the maximum possible penalties should you either plead guilty or be found guilty after trial,” Buchanan stated to both defendants. “So, as I go through these advisements and I will ask you if you understand, I will go in the order of the dockets. Which will mean, Mr. Noble, I’ll ask you to respond first and then Mr. Darr, I’ll ask you to respond second.”

It should be noted although the arraignment hearing was conducted for both Noble and Darr, each defendant appeared facing a different charge for a separate incident. 

“So, today, are you under the influence of any medicine, alcohol, or drugs at any time, or do you suffer from any condition which would make it difficult for you to understand these proceedings, participate, or otherwise communicate with this court?” Buchanan asked Noble and Darr. 

“No, Your Honor,” Noble responded. 

“No,” Darr said.

Next, the judge asked Noble to confirm whether he had seen the court’s document “information,” which listed the charge he currently is facing. 

“That document is a single count document that alleges on or about December 9, 2023, that you intentionally and knowingly attempted to cause bodily injury to a peace officer engaged in the lawful performance of their duties. This is alleged to have occurred in Goshen County, specifically that you did intentionally and knowingly attempt to cause bodily injury to Officer James Wertelka, a peace officer, with the Wyoming Medium Correctional Institution by punching said officer in the face,” Buchanan said. “This is a felony as classified in Wyoming State Statue 6-5-204 (b). Felony interference with a peace officer is punishable by up to 10 years in prison and $10,000 fine or both.”

Noble acknowledged he understood the charges filed against him and what the maximum possible penalties could be if he plead guilty or was found guilty after trial. 

Buchanan then asked the other defendant who appeared for arraignment, Darr, if he had received a copy of the court’s file “information,” to which Darr responded, “Yes, Your Honor.”

In reading the information to Darr, Buchanan noted an amendment needed to be made to the file to indicate the defendant’s name as Jeffery Glen Darr.

“This needs to be amended, Mr. Boyer. It’s got a different name in the prelude paragraph, I guess I would say,” Buchanan said pointing the error out to both Asay and Boyer. 

Boyer explained the state would file an amendment to the information and requested the court ignore the error for morning’s hearing. 

“Mr. Darr, count one alleges that on or about February 9, 2025, that you did cause bodily injury to a Mickey Dubray while driving a motor vehicle and having an alcohol concentration of eight one-hundredths of one percent (0.08%) or more. That would be contrary to Wyoming State Statute 31-5-233 (b) (1) and (h) (1),” Buchanan said. “This is a felony driving under the influences causing serious bodily injury with the maximum possible penalty of 10 years in prison, a $2,000 fine or both should you either plead guilty or were found guilty after trial.”

Darr acknowledge he understood the charge filed against him as well as the possible penalties if he should be found guilty after trial or should he enter a plea of “not guilty”. 

“I’ll go over your constitutional rights now, for both of you. You have the right to plead guilty, not guilty, not guilty by the reason of mental illness or under certain circumstances and with permission of the court, no contest,” Buchanan said. “You also have the right to have a speedy and public jury trail within 180 days of today’s date, unless you were to waive your right to a speedy trial. You also have the right to be represented by an attorney at that jury trial at every stage of these criminal proceedings. That’s why Mr. Asay has been appointed to represent you. Gentlemen, you are presumed innocent of all wrongdoing and that presumption carries with you throughout these proceedings and at trial, the state would have the burden of proving your guilt beyond a reasonable doubt,” Buchanan explained.

Buchanan further explained to Noble and Darr, at the trials of both defendants, the state would have the obligation to present any witnesses or evidence and the jury would be instructed to find the defendants not guilty if the state failed to meet that burden of proof.

“In other words, you don’t have to prove anything. The burden of proof is on the State of Wyoming,” Buchanan explained. “You also have the right to confront and cross-examine witnesses that the state may call to testify against you.”

Buchanan continued to advise both Noble and Darr of their rights which included the court’s subpoena power to obtain information to help their cases. He also explained the defendants had the right to remain silent and not testify during the trial. Buchanan then asked each defendant if they had any questions to which both Noble and Darr responded they did not. 

“With regard to Mr. Noble, what are his intentions today?” Buchanan asked Asay. 

“Your Honor, he pleads not guilty,” Asay responded.

Buchanan then stated a criminal management order would be drafted for Noble, setting his trial within 180 days of the arraignment date. Buchanan urged Noble to stay in contact with his attorney for upcoming deadlines. With no additional questions, Buchanan then asked Asay what Darr’s intentions were. 

“Thank you, Your Honor, he’s going to plead not guilty,” Asay said.

Buchanan again explained a criminal management order would be drafted for Darr, setting his trial date. He was also encouraged to stay in contact with his attorney. Court stood adjourned thereafter.