Behm’s Oil Inc. owner Todd Michael Behm, who has pleaded guilty to drug dealing offenses and has hosted parties where teenagers drank and used marijuana, wanted to be released from jail so he could personally negotiate the sale of his company. Last week, Judge Gary Lee said no to Behm’s request.

Behm, 49, pleaded guilty on May 13 to Class B felony intent to deliver ecstasy, Class B felony intent to deliver marijuana, Class C felony possession of methamphetamine, Class C felony maintaining a premises for the use, storage, or sale of illegal drugs, and Class A misdemeanor possession of drug paraphernalia. Behm was arrested in January after police responded to a report of an underaged drinking party at Behm’s residence and saw three young people and open containers of alcohol in the kitchen and living room and smelled marijuana. Behm’s probation officer gave them permission to search the residence. Behm was already on supervised probation at the time for prior offenses involving hosting a party at which underaged people drank and smoked marijuana. The search turned up two marijuana smoking pipes, a gold zip-lock storage container with approximately 298 grams of marijuana butter, a container of clear plastic baggies in different sizes with labels. In Behm’s master bedroom walk-in closet, officers found 5 grams of suspected methamphetamine in the dresser and three glass meth pipes. In a duffel bag in the master bedroom closet, officers found nine ecstasy pills in a black baggie. Officers also found two digital scales, one in a vanity and one in a tote bag in the closet. Officers also found a plastic bag of marijuana located in a green tote bag in the garage and multiple bags of marijuana “shake” throughout the house. In all, they located 33 items of marijuana paraphernalia and 16 items of meth paraphernalia.

Behm had been allowed to remain free pending the sentencing in August but he tested positive on multiple occasions in April and May for methamphetamine, amphetamines, and cocaine. Lee ordered him held without bond until the sentencing on Aug. 25. Under the terms of a plea deal with the state, Behm expects to serve about 18 months in state prison, according to court documents.

In his latest plea for a bond, Behm’s lawyer, Mark Meyer, argued that Behm needs to be free so he can arrange the sale of his business, Behm’s Oil Inc., before he goes to prison. Meyer wrote in a brief that Behm believes the business is worth close to $1 million but only he can sell it for what it is worth. Meyer wrote that Behm plans to use the money from the sale of the business to pay off his debts and pay for drug addiction treatment. Behm’s Oil buys and sells used motor oil, according to court documents, and Behm is the sole owner of the business and had done all of the driving with trucks owned by his business. He has been trying to run the business from jail by texting daily with an employee.

The state opposed Behm’s request for bond.

“Defendant believes a millionaire oil company owner deserves special consideration compared to other individuals awaiting sentencing on drug offenses,” wrote Ward County Assistant State’s Attorney Christopher Nelson. “… Should he be released, as he requests, the State has every reason to believe he will relapse by using the proceeds from the sale of his company to acquire massive amounts of narcotics. Defendant put himself in this position through his own actions.”

Lee refused to grant Behm bond and wrote that Behm is no different from other defendants in his circumstances, many of whom have also lost everything when they pleaded guilty and were sentenced to prison for their crimes.