Kelly James Engelhardt of Havre was sentenced Monday in federal court in Great Falls to 15 months in prison followed by two years of supervised release and was ordered to pay a $100 special assessment after he previously pleaded guilty to possession with the intent to distribute marijuana. Engelhardt, who was injured in a fall from a cliff while ziplining at Fresno Reservoir 10 days after evidence leading to the charge was seized, will receive medical care and treatment while incarcerated at the federal prison. Englehardt has been released on his own recognizance, with no objection from the government, with the assurance by his family he will appear at the designated federal prison once the U.S. Bureau of Prisons designates the facility in which he will be incarcerated. That can take one to three months, a representative of the U. S. Attorney’s Office said. Engelhardt was charged after the Tri-Agency Safe Trails Task Force served a search warrant on July 26, 2007, and searched several buildings including his residence in Saddle Butte Estates. The search was conducted in coordination with local and state law enforcement agencies and the U.S. Border Patrol, including a Border Patrol helicopter being used in the search. The officers seized 145 items in the search, including $7,000 in cash and 18 ½ pounds of marijuana. Engelhardt’s parents, Steve Sr. And Mary Engelhardt, both were charged with possession of marijuana, misdemeanor offenses, based on evidence seized in the July 26 search. In a plea agreement, Steve Engelhardt pleaded guilty to the charge on April 16 in Hill County Justice Court and was sentenced to six months in jail, all suspended, and the charge against Mary Engelhardt was dropped. Kelly James Engelhardt originally was charged with conspiracy to possess marijuana with intent to distribute and distribution of marijuana in addition to the possession of marijuana with intent to distribute charge to which he pleaded guilty. In the plea agreement, the U.S. Attorney’s Office stated that if the Defendant obtained dismissal, reversal or remand of the conviction for any reason, the office could restore all charges dismissed or not filed. According to a press release from the U.S. Attorney’s Office, the government was prepared to prove that the search was conducted after information was received that Engelhardt was distributing marijuana. In March of 2007 a confidential informant observed Engelhardt with several duffel bags of marijuana and observed him with two more duffle bags of marijuana in April 2007, the release said. The investigation leading to the July 26, 2007, search was conducted by the Tri-Agency Safe Trails Task Force, the release said. On Aug. 5, Engelhardt fell close to 50 feet when a zipline — a cable tethered at two points the user rides down holding a device on the line — he was riding at Purgatory Bay at Fresno Reservoir broke, dropping him to the rocks below. He was flown to Seattle, where he was treated for injuries including both legs — his left leg was amputated below the knee — his hips, vertebrae and tongue. According to the press release, because there is no parole in the federal system the “truth in sentencing” guidelines mandate that Engelhardt is likely to serve all of the time imposed by the court. He does have the opportunity to earn a sentence reduction for good behavior, but that reduction cannot exceed 15 percent of the overall sentence.
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