Emmett councilman placed on probation for pot conviction

May 8, 2014 

Stephen Frey was sentenced last week to six months in jail but Third District Gem County Judge Tyler Smith suspended the sentence and placed Frey on a year's probation.

Frey pleaded guilty to possession of marijuana in exchange for dismissal of a charge of possession of drug paraphernalia.

In addition to probation, Frey was ordered to serve 100 hours of community service before the end of the year and assessed $693 in court fees and a fine.

Frey was arrested in late January, nearly two months after the Emmett Police Department responded to an early morning call of suspicious circumstances.

Police Chief Steve Nebeker asked the Idaho State Police to investigate the case because of a conflict of interest because Frey sits on the council. The charges were filed following that investigation.

The owner of a construction company, Frey joined the council in 2012 and has served half of his four-year term.

Frey ran for mayor last fall. At the time, he said elected officials should be held to a high standard, according to answers he gave to the Messenger Index newspaper in Emmett in a candidate questionnaire.

Incumbent Mayor Bill Butticci won the race with 68 percent of the 650 votes cast. Frey finished second with 16 percent and Rustin Alsup was third with 15 percent.

Fry was convicted twice before in Gem County for possession of a controlled substance. In 1993, he was sentenced to 30 days in jail, with 25 days suspended, and fined $283, according to the state's online court records repository. The following year, he was sentenced to 90 days in jail, with 80 days suspended, and fined $350.

In 1993, he was also convicted of driving under the influence. He spent five days in jail and was fined $448.

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