Brent Bretz, one of 11 people arrested nearly a year ago during a county-wide drug raid known as “Operation High Note,” was back in court Wednesday as Barton County Attorney Levi Morris argued for a judge to revoke his probation and send him to prison.

Because he has a heart condition, serving a nine-year prison sentence would amount to a “life sentence,” defense attorney Shannon Crane argued.

District Judge Carey Hipp chose an option that will allow the 41-year-old Great Bend man to seek treatment for his methamphetamine addiction but told Bretz this could be his last chance.

As part of an ongoing investigation into the possession and distribution of methamphetamine and other drugs, on March 25, 2019, the Barton County Sheriff’s Office and other law enforcement personnel executed five search warrants at various locations in the county. Sheriff Brian Bellendir said it was the first phase of the ongoing investigation and he anticipated it would lead to more information and more arrests.

At that time, Bretz was arrested at 36 Kiowa Road in Great Bend. He was booked on charges of distribution of methamphetamine, no drug tax stamp, criminal use of a weapon and possession of a stolen firearm, with bond set at $100,000.

Some of the charges were later dropped in plea negotiations but his conviction on July 18 for distributing drugs was still bad enough that he would have gone to prison under state sentencing guidelines. However, the plea bargain also included a recommendation for a downward departure that included probation. He was to register on the Kansas Offender Registry and was under the supervision of Central Kansas Community Corrections.

“The court has someone who’s done nothing right,” Morris argued Wednesday. He should have registered within three days of his July 18 conviction but didn’t. He still hadn’t registered after his Oct. 11 sentencing but did register on Nov. 1, 2019. However, he failed to report to his corrections officer for 60 days and denied that he continued to use drugs although a urine analysis (UA) showed otherwise.

“You can’t work with people who won’t admit they’re using,” Morris said.

“Mr. Bretz has a heart issue — he’s been told in the past he doesn’t have a long time to live. That’s his absolute motivation to do nothing,” Morris continued. “Send him to prison, judge.”

Crane noted the things Bretz had done to comply with court orders and said that he had other UAs that were “clean.”

“He does have a heart problem,” Crane said. “He had a mild stroke three days ago and was taken to the hospital from the jail. He has a drug problem — he will admit to that. ... It just seems like he should have another chance.”

If Bretz were ordered to serve his underlying prison sentence, it would be 117 months (over nine years), “which in his case is most likely a life sentence.”

Judge Hipp said she could “completely understand” the county attorney’s position but added she tries to be consistent in her rulings.

“I would like to see Mr. Bretz get some treatment. Really, that’s all there is to it,” Hipp said. “He must avail himself of treatment now.”

Hipp ordered him to schedule a drug and alcohol evaluation within five days, report to his corrections officer and follow the recommendations of the evaluation. A 60-day jail sanction was reduced to his time served. (He was booked on a parole violation charge on Feb. 12 and released Wednesday after the hearing.)

“I don’t know if you realize what a big break this was today,” Hipp told Bretz. “I certainly wouldn’t hold my breath and wait for another break.”

“I appreciate it,” Bretz said.