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County drops charges due to lack of jurisdiction

by Julie GOLDER<br
| July 1, 2009 9:00 PM

BONNERS FERRY — Boundary County Prosecutor Jack Douglas dismissed felony drug charges Wednesday, saying the county lacked jurisdiction in the case against Nicole Abraham, 24, of Bonners Ferry.

Since Abraham was arrested on tribal lands, 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 United States government since 1855. 

Douglas  said he contacted with the U.S. Attorney’s Office  to request they prosecute this case.

Abraham was arrested June 9 by a Bonners Ferry Police Drug Task Force officer at her Kootenai Mission home. 

 Abraham was charged with possession of cocaine with intent to deliver and possession of methadone.

The state has been informed that it does have jurisdiction over the a probation violation charge.  According to court records, Douglas intends to proceed with the matter as he would any alleged violation against any other defendant.

Abraham, who a long history of drug abuse and possession charges, is 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 drug arrests from Sept. 12, 2006 and Feb. 2, 2008.

Abraham went before a judge after serving six months at Cottonwood to determine whether she  would serve out a two- to seven-year sentence or be released on a reduced sentence for Wylie’s death. 

She was released from the facility for good behavior.

Abraham was released on Wednesday from Boundary County Jail  on a $40,000 bond.