Cocaine charge could be droppedA cocaine charge against 22-year-old Tallon Hoogeboom may be dismissed and his attorney said pursuing the charges could constitute double jeopardy.
A cocaine charge against 22-year-old Tallon Hoogeboom may be dismissed and his attorney said pursuing the charges could constitute double jeopardy.
Hoogeboom, Dickinson, is accused of possessing cocaine and intending to deliver it. He allegedly possessed about 7 ounces along with a digital scale in April, according to a criminal complaint.
Stark County State’s Attorney Tom Henning requested the dismissal because Hoogeboom is facing federal prosecution with a likely outcome of a mandatory minimum of 10 years in federal prison, Henning said.
Hoogeboom was charged with criminal conspiracy and delivery of a controlled substance in Stutsman County, but those charges were dismissed, according to court records.
Hoogeboom was federally indicted for the Stutsman County allegations, Henning said after the hearing.
“The Stutsman County delivery occurred on the night that we searched his place in Dickinson,” Henning said. “I just think it’s a waste of resources to prosecute him in the state court if he’s going to get stuck in the federal system.”
Mary Nordsven, Hoogeboom’s attorney, said she doesn’t oppose the dismissal.
“But I’m not entirely convinced that the Stark County charge is not also covered by the federal charges … federal discovery suggests that it’s all part of the same transaction,” Nordsven said.
Henning said charges from both counties appear to be related.
Because of the Stutsman County charges, a search warrant was issued for Hoogeboom’s residence in Dickinson, which led to his Stark County charges, Henning said in April.
If it’s dismissed without prejudice, Hoogeboom can be recharged in Stark County within three years, Henning said.
However, unless Hoogeboom received what he found to be an inadequate sentence for the federal charges, Henning likely would not recharge.
Judge William Herauf said he would consider the motion to dismiss.
Two other residents in Hoogeboom’s home were charged in relation to the incident, but those charges were dismissed, according to court records.
Nordsven declined comment after the hearing.