Man Sentenced To Jail After Admitting He 'Self-Medicates'

A 40-year-old Elgin man who admittedly "self-medicates" with marijuana had his probation revoked and was sentenced to jail in Antelope County District Court on Wednesday.

Kipp Polston appeared for sentencing on revocation of probation, along with his attorney Dennis Morland of Norfolk. Polston allegedly violated the conditions of his probation when he tested positive for drugs.  He was serving a two-year probation sentence on three counts of attempted theft by receiving stolen property, all class I misdemeanors. Polston was originally placed on probation on Sept. 28, 2016. 

During the course of his probation, Judge James Kube said the record shows that the defendant missed chemical testing appointments 27 times and tested positive for THC eight times.

"There was just a general unwillingness to participate in the requirements I ordered for probation," Judge Kube said. "Why didn't this work?"

Polston said there were several reasons for missing appointments, including trouble returning from a trip to Arizona as well as family deaths. He also claimed he was diagnosed with a mental illness in his late teens, which he attributes to his drug usage.

"I'm bipolar. Drugs over the counter make me sick," Polston said. "I've been self-medicating, when I need, it with marijuana."

He added that the prescribed medication had terrible side effects that scared him.

When the judge asked him if the marijuana helps with his disorder, he exclaimed, "A lot!"

"It changes me like that," Polston said, snapping his fingers. "I don't do it to catch a buzz."

Judge Kube redirected him by asking why he was stealing items in the first place.

"I didn't steal anything," Polston said. "It was brought to my house when I wasn't home. I didn't know they were taken until two days after the cops came and got them. I didn't know my brother-in-law put them there."

His attorney reminded the court of the incident which happened since the arrests of Polston and his brother-in-law, Kadence Steele.

"His brother-in-law is the one who committed suicide in the Boone County Jail," Morland said.

The defense attorney said Polston didn't steal items from anyone.

"Steele took everything," Morland said. "My client did use the welder, but he didn't know how it got there. Because of how poorly he did on probation the first time, he's expecting to get a straight sentence today."

Antelope County Attorney Joe Abler agreed about Polston's performance while on probation.

"You put him on probation two years and he didn't take any part of that seriously and he was using marijuana," Abler told the judge. "He either had an excuse as to why he didn't show up or he refused testing or he tested positive."

Judge Kube agreed that Polston was not a good candidate for probation.

"You just made an admission in open court in front of law enforcement that you use marijuana to self-medicate because the other medication scares you," the judge said. "There are states that allow marijuana to be used for medicinal purposes. There are even states that allow marijuana to be used recreationally. Nebraska is neither one of those states."

Judge Kube revoked Polston's probation and sentenced him on his original charges. He was sentenced to 35 days in the Antelope County Jail on each count, to be served concurrently, and was given credit for 25 days previously served. Polston was also ordered to pay a total of $390 in court costs.

The judge encouraged him to seek medical attention.

"I tried to give you a chance with probation," Judge Kube said. "This doesn't address your problem. You should be done with this. I hope I don't see you again."

In other matters, four others appeared in district court on criminal charges.

Tori Starman appeared for a pretrial conference with her attorney Marty Klein. In exchange for guilty pleas, Abler agreed to reduce one of the charges against her. Starman pleaded guilty to one count of attempted possession of a controlled substance-methamphetamine, a class I misdemeanor and two infractions: possession of marijuana, less than an ounce, and possession of drug paraphernalia. Judge Kube adjudged her guilty beyond a reasonable doubt and set her sentencing for July 25.

Peggy Schrader appeared for arraignment with her attorney John Vipperman. She pleaded not guilty to one count of possession of a controlled substance-methamphetamine, a class IV felony. Her pretrial conference was set for August 29.

Jacob Humphrey appeared with his attorney Pat Carney. Abler filed a dismissal and the charges against him were dismissed. His bond will be exonerated after the $153 in costs has been paid.

Max Kerkman appeared for a pretrial conference with his attorney Tom Petersen. Due to the defense attorney's trial schedule, Petersen requested a continuance. Kerkman's pretrial conference was set for September 26.