GOSHEN COUNTY – On Wednesday, April 9, Brittany Dalton was sentenced to three years supervised probation for one count of endangering a child.
Originally, Dalton entered a plea of …
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GOSHEN COUNTY – On Wednesday, April 9, Brittany Dalton was sentenced to three years supervised probation for one count of endangering a child.
Originally, Dalton entered a plea of “not guilty” for the charge which stem back to August 12, 2024, when the Torrington Police Department (TPD) responded to a report of a child being left alone in a hotel room. Upon entering the room, TPD discovered two minor children, one in a pack-and-play sleeping and the mother nowhere in sight. Officers also “observed a small glass teardrop-shaped pipe with black residue laying in plain view on the bed next to a lighter,” records explained.
Records indicate, Dalton was charged with one count of child endangerment – children where meth is stored, ingested or possessed. She entered a plea of “not guilty” of the charge on August 19, 2024, and a jury trial was scheduled for February 2025.
In January 2025, a change of plea was entered into the court and a pre-sentencing investigation report was ordered for Dalton. Dalton was released on bond and scheduled for a sentencing hearing on Wednesday.
“We’ll come to order in criminal docket 2024-22, State of Wyoming v. Brittany Dalton. We’re set for a sentencing. The time is 9 a.m. Mr. Eric Boyer is present on behalf of the State of Wyoming. Mr. Jason Bauer on behalf of probation parole,” Eighth Judicial District Court Judge Edward Buchanan said. “Mr. Eric Palin, present on behalf of Ms. Brittany Dalton. I don’t see Ms. Dalton in the courtroom. Mr. Palin, do you know her whereabouts?”
Palin noted Dalton was aware of the hearing and the judge recessed, giving Palin an opportunity to find his client.
“Alright, we’re back on the record and we’re set for a sentencing – State of Wyoming v. Brittany Dalton. Ms. Dalton present in the courtroom now and just for the record, I believe, she was here the whole time,” Buchanan said. “So, you were on time, for the record.”
Buchanan then asked Dalton preliminary questions where he asked if she was under the influence of any medications, drugs or alcohol or if there was any other condition which would make it difficult for Dalton to understand the court proceedings. Buchanan also asked if Dalton had any condition which would prevent her from being able to communicate with the court.
“No, Your Honor,” Dalton said.
Palin and Boyer both answered the judge noting they had had possession of the presentencing investigation report for Dalton for the requisite amount of time. Neither party had any changes to the document they explained to the judge.
“I’m aware of the agreement in this case. I don’t know if there was anything specific as far as the plea agreement other than there was a consent by the state for the 7-13-301 and so what I will do is call on Mr. Palin and then I will call on Mr. Boyer. Mr. Palin if you have any rebuttal, you’re welcomed to give that to the court as well,” Buchanan said.
“Thank you, Judge. I have been working with Ms. Dalton this entire time. I think she is aware of what she did and how it’s wrong and I think she is going to be compliant with probation and I think she’s going to get along. She’s not going to have any more issues,” Palin said. “She’s assured me she’s going to stay drug and alcohol free. She’s going to learn from this instance and is willing to go along with any and all programing that may be ordered by the court. I think this person is a very good probation risk and I think she qualifies for the benefit of the deferral so, we ask the court to give her that. We ask the court to go along and give her the opportunity to demonstrate that she will have no problems in the future,” Palin continued.
“Is there anyone to speak in mitigation of sentencing or would Ms. Dalton like to make a statement? One of the things the court’s interested in, in looking through here, I see that the recommendation on the treatment aspect. But she’s been out for a little while. What’s the status on that?” Buchanan asked Palin.
Palin stated he “thinks” she’s “getting along”.
“I think she’s willing through to follow through treatment and any sort of after care and I don’t think she has any problems doing any follow up treatment,” Palin said. “I’ve been told that there might been a little of a slow start with probation here but my client is absolutely willing to comply with any and all requirements. She understands that she’s going to have to transfer the probation to the state of Nebraska and she’s willing to do that,” Palin continued.
Dalton also provided a short statement to the court.
“I just want to state that I apologize for my actions and that I am going to comply with probation and I really appreciate you guys giving me this offer or whatever because I really am sorry for what I’ve done and I don’t plan on doing it again and I will comply with probation,” Dalton said.
Buchanan then asked about treatment goals and plans for Dalton.
“Well, Your Honor, I did an ASI (addiction severity index) about two-three months ago and they recommended an in-patient treatment program so I’m going to look into that to see if I can get into a program, possibly here in Wyoming. I don’t know how it’s going to work. I was going to try to get into one in Nebraska but I was told by Jason [Bauer] that I cannot do that. So, I am going to try and look into one around maybe Casper or Sheridan and see if I can get into one of those,” Dalton said.
According to Dalton, she has been attending Celebrate Recovery meetings since her release.
“I have actually been going to Celebrate Recovery every Tuesday. It’s a really great program here in Torrington at the SonRise church. I missed one week, last week, because I wasn’t feeling good but I’ve been going every other time I’ve gone – the past six times, I believe, to that. It’s actually really helped me a lot,” Dalton said.
Buchanan then opened the floor to the state where Boyer spoke.
“I apologize, I looked right at you down the hallway and didn’t recognize you but I say that because you look, to me, to be very much healthier than I’ve seen you before. I literally didn’t recognize you and I’m glad for that,” Boyer said to Dalton. “So, in response to the comment that we just had, I suggest that Mr. Bauer indicates that he has assisted Ms. Dalton in completing some release of information so that Ms. Dalton can begin working on the process to obtain level 3.5 in-patient treatment,” Boyer continued.
Boyer relayed probation indicates Dalton should receive in-patient treatment in Wyoming as Nebraska might not accept the treatment order. Boyer further explained it was his hope Dalton start working on treatment as soon as possible.
“My hope is that Ms. Dalton can quickly start working on that obviously, and that she understands the importance of, gravity and the need to get on that right away. This case, I suggest, is one where it’s important to consider the general sentencing factors that are outlined in the state of Wyoming by the constitution through the Wyoming Supreme Court,” Boyer said. “General deterrence for the public – specific deterrence for Ms. Dalton in this case, potential punishment, retribution, rehabilitation – which, I suggest, is a primary component of cases like this,” Boyer said. “But the severity of the crime here being a poor little innocent child being left alone in a room with dangerous drugs. I think that speaks for itself.”
Boyer pointed out the victim of crime was a baby of Dalton. Boyer also noted the court was aware of Dalton’s background and history.
“Acceptance or non-acceptance of responsibly…and I say that last part because I want to segway into the idea that in the universe of court processes like this and the involvement of the department of corrections and in this case because of the minor’s involvement, of the department of corrections and department of family services (DFS), Mr. Rhett Breedlove, being here today. My understanding is Ms. Dalton had been doing fabulously with currently compliance with the investor requirements,” Boyer said.
Boyer further noted Dalton had been complaint with Bauer as well, but only the las few weeks.
“Mr. Breedlove would, I suggest, would say that Ms. Dalton is arguably not going follow through with any attempts to visit her minor child and that provide some worrisome context for DFS. I suggest that just to the extent that Mr. Palin and his client wanted to address that issue,” Boyer said. “This is a serious case. It was a shocking case where arguably folks just happened to find a baby unattended in a hotel room and then the facts played out as they did. We now have the background of Ms. Dalton. I suggest, as a 30-year-old, mother of five children, she has custody of none of those children in the present. I don’t say this to be mean or punitive, we all wish the best for Ms. Dalton. Because it’s only Ms. Dalton, I suggest, who can decide to change her own life and turn this around when you’re 30 years old and now you’re looking at the gun barrel first felony and you’ve got four other children. The youngest of which is in the state’s custody with connection to this case, its time change,” Boyer continued.
Boyer further explained in the ASI and Dalton admitted her drug use, more than most, according to Boyer. He also further noted everyone would be looking over Dalton’s shoulder at her compliance or lack of. Boyer noted Dalton would benefit from in-patient treatment.
“We’ve got no history of felonies in this case. Five prior misdemeanors. None which none of which, I suggest, are all that interesting or more serious for a 30-year-old mother,” Boyer said.
After a bit more argument, Boyer returned to his chair. Bauer had nothing further to add to the prosecution’s arguments and Buchanan then turned to Palin and the defendant.
“My client wants to relate to the court that she does recognize that she missed some visitations with her child. The situation was she was having some mental and emotional problems at the time she just was unable to get herself out of bed and go to do the visits and it was just too hard her mentally and emotionally,” Palin said. “But since then, she has been to the doctor. She’s had her medications adjusted and she is more, you know, able and willing and absolutely willing to comply at this point. So, other than that, the only thing my client wanted to say is that she remains willing to go to complete her treatment program whatever state you know doing that and she is absolutely willing follow through with any and all other probation the court would sentence.” Palin continued.
“Well, in considering the file and reviewing the pre-sentencing investigation report – that’s the only documentation the court has for the purposes of today sentencing. Ms. Dalton, as Mr. Boyer has stated, the court looks to the number of things when trying to bash the sentence that’s appropriate. Certainly, punishment is part of that but also there’s an aspect of rehabilitation. So, it involves the possibility of rehabilitation and getting your life back on track and in this particular instance the ability to do so without being hamstrung by a felony conviction. As he stated here, you’re 30 years old. That’s one of the things I put down as a mitigating circumstance in your case but at the same time that’s really a close call because at 30 years of age you’re well past the age you should know better by now,” Buchanan said. “You have, even though it’s all misdemeanors at this point – most people don’t have any misdemeanors on their record, let alone seven. So, I’m not going to characterize any of them as minimal or no big deal but the fact that you don’t have a felony yet is a good thing obviously so that is a mitigating circumstance,” Buchanan continued.
“The pre-sentencing investigation report says, based on their assessment, that you seem to be an appropriate candidate for community supervision. So, those are things weighing in favor of granting you the privilege of a deferred prosecution under Wyoming statute 7-13-301,” Buchanan said. “The flip side of that the court considers it aggravating circumstances. Obviously, criminal history we’ve discussed. You’ve got a history of substance abuse, the endangerment of children, the fact that you have the number of children and you you’re not taking care of any of them – I mean, that’s not good. That’s a drag on society. Not fair to those children. That’s not good at all. So, that’s a very aggravating circumstance,” Buchanan explained. “Part of what I wrote here too is aggravating, is to me, from reading this you fail to learn from your past mistakes. The only thing the court has, today, in front of it to really give honest consideration and serious consideration to giving you the 301 is that the flip side is that you are a mother. You have the potential to be a good mother, to be a good parent and the children, to whatever extent which children you can be a mother to. That could be a tremendous benefit to them and to society in the long run, if you are successful. That’s that rehabilitating part of sentencing that is before us today. Because of that little piece and that little oath and given your age and some of the positive things you’ve been doing since you’ve been freed, convinced the court that a sentence pursuant to 7-13-301 is appropriate.”
Buchanan further explained he wasn’t sure what other courts Dalton had appeared in front of, noting she had outstanding issues in Nebraska.
“But I cannot make it more clear today that this is, at 30 years of age, this is your, in this court, in this case, last chance. Before you become a felon, before you find yourself incarcerated at the women’s prison, before all kinds of bad things will happen to you. This is your chance,” Buchanan said. “And I don’t know how to more clearly state that.”
Buchanan then acknowledged Dalton’s need for treatment. He also noted she had the opportunity to become clean and sober to begin a successful life.
Buchanan then sentenced Dalton to three years supervised probation and ordered her to pay $75 to the State of Wyoming for the costs of the pre-sentencing investigation. Court then stood in recess.