Oakdale man tests positive during chemical test prior to sentencing

After being unable to produce a sample for a chemical test, prior to being sentenced in Antelope County Court, on Sept. 25, a 33-year-old Oakdale man remains in custody after testing positive to a test later that day.

Christopher B. Brady appeared before the honorable James G. Kube in the Antelope County District courtroom for sentencing on a charge of third-degree assault - domestic, a Class I misdemeanor.

Antelope County Attorney Joe Smith told Kube the defendant was unable to provide a sample for the test and admitted he would test positive for THC.

Attorney Pat Carney appeared with Brady and presented documents outlining a medical procedure Brady is scheduled to receive on Oct. 3. Carney requested a continuance of sentencing.

Smith objected, noting Brady’s violation of bond conditions, which is set in the amount of $10,000, 10%.

Kube revoked the bond until the following day at 9 a.m., with a condition set that Brady would provide a sample for a chemical test. Kube added that if the test showed other chemicals beside THC, bond would need to be readdressed, with revocation for an extended period.

Kube sustained the request for a continuance, so the defendant would be able to attend the medical procedure.

Sentencing is set for Oct. 30 at 9 a.m. Brady was remanded to the custody of the Antelope County Sheriff.

Later that day, Smith appeared before Kube and said Brady had provided a chemical test sample, which tested positive for THC, methamphetamine, oxycodone and opiates. According to Smith, Brady admitted to substance use.

The defendant and his attorney did not appear when Smith announced the test results.

Smith requested either bond remain revoked or the amount be increased by twice the amount.

Kube ordered Brady to remain in custody, with bond revoked, until he is able to test clean of all substances, except for THC.

At that time, Brady may be released and bond continued in the amount of $10,000, 10%, with previously-ordered conditions.