SUBLETTE COUNTY – A Pinedale woman who was taken to the Pinedale Medical Clinic on Nov. 16 is charged with one felony count of endangering a child by knowingly allowing the child to stay in a home where meth was possessed, stored or ingested.

Josephine M. Brown, 39, also charged with misdemeanor possessions of meth and THC and being under the influence of a controlled substance, meth, appeared before Sublette County Circuit Judge John LaBuda on Dec. 11 for a preliminary hearing.

The charges were filed by Sublette County Deputy Attorney Gaston Gosar; Brown is represented by public defender Rachel Weksler.

An affidavit filed by Sgt. Travis Bingham says that he responded with Deputy Greg Kemp to a medical call at a Pinedale residence where a woman was unconscious lying on the floor. Deputies gave her oxygen but she said she couldn’t breathe and her stomach hurt. Sublette EMS took over and an EMT asked the woman, Brown, if she had taken any medications, been drinking or taken any drugs, it says.

Brown said she had smoked meth the day before, Nov. 15, with Jason Palacios, living at her home, the affidavit says. EMS took Brown to the clinic by ambulance and Kemp asked for and received permission to search the home, according to Bingham, who went to the clinic. Bingham said Kemp reported finding marijuana in plant form, a pipe with burnt residue and vape pens.

At the clinic, Bingham advised her of her rights and asked if she would talk to him about the medical event. Brown asked Bingham why she was at the clinic and why he was questioning her, it says. She confirmed taking a couple of hits of THC concentrate in her vape pen earlier and said she usually did a couple times a day. She said when her kids were home she would go in the bathroom or garage with the vape and that she just returned from alcohol rehab.

Brown gave consent for a blood draw and urinalysis and told Bingham she doesn’t use meth or do drugs, although her boyfriend did but not around her children. She reportedly said he asked her earlier that day, Nov. 16, if she wanted a hit off his bong and she smoked it, the affidavit says.

Brown said her children are home-schooled and home most of the time, it says.

Kemp’s affidavit said a local pastor came to the door during their search, saying Brown’s kids were at the church and asked if it was safe for them to come home. Deputies contacted their father, it says.

The urine test showed presumptive positive results for meth and THC, Bingham said, and Detective Toby Terrill and others searched the house, reportedly finding the pipe, a red bong with water, edibles and THC vape pens. Palacio was cited for misdemeanor possession of marijuana.

On Nov. 29, Gosar removed Brown’s misdemeanors of THC possession and use of a controlled substance.

On Dec. 1, Judge LaBuda set $5,000 cash bond for Brown, in custody since her arrest, with only supervised visits with her children at their father’s direction, court records show.

During the Dec. 11 Circuit Court preliminary hearing, Bingham testified to his actions and interactions with Brown when deputies responded to her Nov. 16 “medical event.”

Gosar asked him where the children were; Bingham related that she said they were at a church event, that she never used substances in front of them and that she said she didn’t use meth.

Weksler cross-examined Bingham, asking about Brown’s state of mind, which he said became more coherent as she received oxygen.

He testified that Brown seemed more confused about a time gap between 11 a.m. and EMTs’ arrival that evening. She did not tell Bingham that she smoked from the bong on Nov. 16, he said.

He testified that Brown also said she had smoked from the bong on Nov. 15. The red bong was found in a nightstand drawer – “Nobody ever claimed it.”

Weksler asked if Brown’s children were in the house at the time of the incident; he said they were not.

The public defender argued that Brown should not be bound over for felony child endangerment because they were not at home. However, Judge LaBuda said “probable cause” was met because the children were in the home when the meth bong was allegedly stored or used and bound the case over to 9^th District Court.

“It’s not like the kids were there and left and Ms. Brown left and ran up to the local meth store,” he said.

Weksler asked the judge to reduce the $5,000 cash bond to surety; Gosar asked for it to remain as cash only. Judge LaBuda agreed to $5,000 surety and for all previous release conditions to apply.