Judge Richard Birch issued a judgment in the cases against former Box Butte County Public Defender Jon Worthman on Friday, finding him guilty of possessing cocaine with intent to deliver, a class 1D felony.
According to court records, final written arguments in the trial against Worthman were to be submitted in November. Judge Birch wrote in his judgment that evidence of past cocaine deliveries was admissible, including testimony from Jeff Lujan, who had given Worthman cocaine in the past, as well as text messages between Worthman and Lujan.
“While Lujan has credibility issues, his testimony was corroborated by the text messages he exchanged with Worthman, specifically including text messages sent by Worthman,” Judge Birch wrote in his judgment. “The Court finds that the State has proven by clear and convincing evidence that Worthman committed the prior bad acts sought to be introduced into evidence by the rule 404(2) notice filed by the state.”
Judge Birch described the text messages exchanged between Worthman and Lujan as evidence to show Worthman’s intent to deliver cocaine.
In the judgment, Judge Birch also addressed a motion for a mistrial based on the state not revealing before the trial that Lujan had signed a proffer form with federal prosecutors to ensure that his evidence would not lead to charges filed against him. Judge Birch cites a ruling from the Nebraska Supreme Court that evidence disclosed before the end of the trial does not make it a constitutional violation, but a possible discovery violation, noting that because Worthman did not request a continuance after learning about the proffer agreement that the defendant waived the violation. Therefore, because the violation was waived, and the violation in question was determined to be immaterial, Judge Birch overruled the motion for a mistrial.
In the verdict, Judge Birch wrote that because of the text messages between Lujan and Worthman, as well as the amount of cocaine involved in the controlled delivery, the State was able to prove that Worthman possessed between 10 and 28 grams of cocaine on Jan. 7, 2020 with the intent to “manufacture, distribute, deliver or dispense said cocaine.” Worthman was found guilty and the case was assigned to the District 12 probation office for a presentence investigation. Worthman is expected to be sentenced on March 26 in Scotts Bluff County District Court.
Worthman faces up to 50 years in prison, with a mandatory minimum of two years in prison. The charge arises from an incident on Jan. 7, 2020 in which, according to court records, Worthman purchased one ounce of cocaine.
After the transaction was completed, members of WING and the Scottsbluff Police Department contacted Worthman and arrested him. During the arrest, they recovered the controlled substance from Worthman’s vehicle, and seized some of his belongings.
According to court records, Worthman told law enforcement in a later interview, “he believed he would be purchasing at least two eight balls (approximately 7 grams) of cocaine” from the individual. He also, “admitted to receiving cocaine in the past in exchange for legal services, as well as purchasing and using the illegal substance himself.”