Man ordered to stay in drug court


By Dylanne Petros - dpetros@civitasmedia.com



WILMINGTON – A drug court participant has been released from jail and given another chance, even though he has three violations in the program.

Cheyenne Potts, 33, of Wilmington, has been in the drug court since April 30, after being charged with breaking and entering in the fifth degree and theft in the fifth degree.

While in the drug court, Potts tested positive for morphine, an opiate, on July 20. At the Aug. 7 You-Turn Recovery Docket meeting, Clinton County Court of Common Pleas Judge John W. “Tim” Rudduck had Potts put into custody and a hearing occurred Aug. 10.

At the next You-Turn meeting, Aug. 21, Potts said getting a job, living on his own and being able to take care of his son would help him “feel like more of a man,” but Rudduck said Potts’ priorities were not straight.

“You might be able to do that for awhile, but the issues that brought him here are going to keep resurfacing as they have (before),” Rudduck said at the Aug. 21 drug court.

Because of Potts’ poor decisions, such as living with his brother who was just released on a four-year prison term, and not having his priorities in order, Rudduck remanded Potts into custody again.

The hearing, which was Friday, addressed the issues that surfaced at the Aug. 21 drug court.

“I don’t think you realize how serious this is,” Rudduck said. “I keep bringing you back to court.”

Potts told Rudduck he understood the severity of the problem, and he now realizes he has a drug problem.

“I’ll go to rehab,” he said.

Even though Potts offered to go to rehab, Rudduck said he did not want Potts going into rehab.

“When you go go to drug court, you’re agreeing to comply with the treatment,” Rudduck said. “This is pretty significant.”

Potts lives with his brother, Shawn, 38, and Rudduck said at the Aug. 21 drug court hearing that the brothers living together might cause Potts to relapse.

At Friday’s hearing though, Rudduck said, the brothers could help each other to recover.

“You lean on one another,” he said. “There’s no reason you guys can’t attack this problem together.”

Rudduck released Potts from jail at Friday’s hearing, under the condition he finds a new treatment facility and goes to the drug court hearing Sept. 4 at 1:30 p.m.

“I want the folks to know that you’re still in the drug court,” Rudduck said.

A resolution hearing was scheduled for Potts Sept. 11 at 3:15 p.m.

“This was just a stubborn refusal to accept reality,” Rudduck said. “I’m hopeful this dynamic with you and Shawn (will help).”

By Dylanne Petros

dpetros@civitasmedia.com