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Prosecutor attempting to re-file drug charges

by Julie GOLDER<br
| July 9, 2009 9:00 PM

Boundary County Prosecutor Jack Douglas  is working with the U.S. Attorney’s Office and the tribal court in an attempt to see charges re-filed against Bonners Ferry drug suspect Nicole Abraham. 

On July 1, the state dismissed the drug charges against Abraham, 24, due to lack of  jurisdiction.

Since Abraham was arrested on tribal lands outside Bonners Ferry with 12 one gram baggies of suspected cocaine, Douglas said jurisdiction lies with the Kootenai Tribe of Idaho or the federal government. The tribe has been recognized as a sovereign nation by the U.S. government since 1855. 

According to Bonners Ferry Police the arrest was legitimate; it is just an issue of where Abraham will be prosecuted.

On June 9, Abraham was charged with possession of cocaine with intent to distribute and possession of methadone, both felonies, and with possession of drug paraphernalia, a misdemeanor, after a tip led the Boundary County drug task force to her home in the Kootenai Tribal Mission, which is considered indian country.

Abraham was on felony probation for supplying 16-year-old James “Jimmy” Wylie of Bonners Ferry with the drugs that led to his death on Dec. 12, 2006. Abraham also served time on one of eight other felony charges against her in connection with Wylie’s death and on separate related drug arrests from Sept. 12, 2006 and Feb. 2, 2008.

The state does have jurisdiction over the probation violation and Douglas said he intends to proceed with the matter as he would any alleged violation against any other defendant.

 Abraham bailed out of  Boundary County Jail  on a $40,000 bond on July 1.