Same charge: One released, one in jail

One young man was released while another remained in jail for allegedly violating the same judicial order.

Nicca Levine was released from jail last week. Levine had been held for allegedly violating a court order that he have no contact with the informant who participated the arrest of Levine and Jeffrey Trainor last September for delivering marijuana in the Sisters City Park.

At a hearing on March 3, Levine pleaded guilty to the drug delivery charge. Trainor pleaded no contest. The two were released before being sentenced. The judge ordered that Trainor and Levine have no contact with the informant in the case.

Several days later the informant then contacted police, claiming he had threatened by Levine and Trainor. Trainor was arrested. Levine turned himself in to the court on Tuesday, March 16.

Trainor's hearing was before Judge Michael Sullivan. At that hearing, the informant's girlfriend also testified, according to Deputy District Attorney Steve Gunnels, adding credibility to the informant's testimony.

Judge Sullivan determined that there was sufficient evidence that Trainor had contacted the informant after being ordered not to.

Trainor remains in jail until sentencing, expected before April.

Levine had his hearing set before Judge Alta Brady. The informant's girlfriend was not able to testify at that hearing. The informant himself was confused, according to Gunnels.

Judge Brady found that, while Levine may have had contact with the informant, it was impossible to determine if that occurred before or after March 3, when Levine and Trainor were ordered to leave the informant alone.

DA Gunnels acknowledged that Trainor is in jail, and Levine is not, for the same act. He explained that there were different facts and witnesses presented at the two hearings before different judges, which resulted in different findings.