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Revocation sought for deferred sentence

DERRICK PERKINS | Hagadone News Network | UPDATED 3 years, 9 months AGO
by DERRICK PERKINS
Daily Inter Lake | March 8, 2022 7:00 AM

Prosecutors are seeking the revocation of a Troy man’s suspended drug possession sentence after multiple violations, including fleeing after an alleged assault and keeping a firearm.

Kenneth Michael Kanzler earned a deferred five-year sentence after pleading guilty, by way of an Alford plea, to felony criminal possession of dangerous drugs in September 2019. According to a report by Darrell Vanderhoef, probation and parole officer, Kanzler ran into trouble early on.

After missing his initial appointment at probation and parole, Kanzler “was cited for driving without a valid license, associated with a known drug user and had a firearm in the vehicle…” Vanderhoef wrote. That series of violations landed Kanzler back in the county lockup for three days, court documents said.

The troubles continued, according to Vanderhoef’s report to the court. Kanzler failed to report to probation and parole even after his stint in jail and returned to associating with drug users, Vanderhoef wrote. He stopped living at his home and failed to report his new address, according to the report.

“This behavior continued until the present,” Vanderhoef wrote, noting that Kanzler never underwent a chemical dependency evaluation.

In August 2021, Kanzler allegedly had a run-in with law enforcement officials responding to a report of him fighting with a juvenile on his property, court documents said. When Deputy Ben Fisher of the Lincoln County Sheriff’s Office arrived on scene, Kanzler allegedly fled into the woods.

Authorities were unable to catch up with him, according to Vanderhoef’s report. That violated the court’s condition of parole that Kanzler comply with all laws and ordinances, report any contact with law enforcement and be cooperative with authorities. His ongoing failure to check in with parole and probation officers constituted another violation.

Vanderhoef wrote that Kanzler last reported to him in April 2021.

Vanderhoef recalled directing Fisher to search Kanzler’s home during the August incident. Fisher reported finding a .45 caliber Jukar-made blackpowder percussion pistol, a 16-ounce container of Pyrodex propellent, 109 percussion caps and 45 lead balls, according to court documents, all in violation of the terms of Kanzler’s sentence.

“The defendant has made no effort at following the conditions set forth by the court,” he wrote. “He missed his initial sign up appointment, hasn’t obtained legitimate employment, uses methamphetamine, does not report as directed, hasn’t complied with required evaluations nor treatment, missed four chemical dependency evaluations appointments, associates with known illegal drug users and distributors, drives without a valid license, assaulted a minor and ran from law enforcement … He has never been in compliance while on community supervision.”

Vanderhoef recommended revoking Kanzler’s deferred sentence and placing him in the care of the state Department of Corrections for five years. He also suggested Kanzler be made to undergo a substance abuse evaluation and successfully complete treatment as well as a pre-release program.

Kanzler appeared back in Lincoln County District Court on Feb. 14. He denied the allegations, setting the stage for a forthcoming hearing.

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