WINNEMUCCA - The Sixth Judicial District Court's criminal trial calendar is growing due to defendants pleading "not guilty" at arraignment in Judge Michael Montero's courtroom on Oct. 31.
Barring any plea agreement, Joshua Scott Macdonald is slated for trial on Nov. 16 - 18. Public Defender Matthew Stermitz, counsel for Macdonald, told the court that he would notify the court by Nov. 2 should there be a resolution in the case. Stermitz also addressed a request for bail reduction for his client during the pre-trial conference. Montero reduced Macdonald's bail to $20,000. Macdonald is charged with battery with a deadly weapon causing substantial bodily harm.
John M. Farley appeared for arraignment on charges of DUI causing death. Farley pled not guilty and waived his right to a speedy trial. Montero told Farley that the potential penalty for the conviction was two to 20 years prison with a fine of $2,000 to $5,000 and that probation was not an option. Montero set Farley's trial date for Jan. 24 - 27, 2012, and a pre-trial conference date for Dec. 19 at 3 p.m.
Antonio Rosaoes Hernandez pled not guilty to charges of transporting a controlled substance, possession of a controlled substance for sale and ex-felon in possession of a firearm. Hernandez waived a speedy trial and Stermitz, counsel for Hernandez, told the court that he would be filing a motion to suppress evidence in the case. Montero set the trial date for Feb. 1 - 2, 2012, and a pre-trial conference date of Jan. 9, 2012, at 11:30 a.m.
Jonah Michael Burk pled not guilty to charges of transporting a controlled substance and possession of a controlled substance for sale. Burk waived a speedy trial. Montero set Burk's case for trial on Feb. 8 - 9, 2012, and a pre-trial conference on Jan. 23, 2012, at 11:30 a.m.
Logan Wallace Thomason pled not guilty to the charge of sale of a controlled substance.
Montero told Thomason that the potential penalty for a conviction would be one to six years prison with up to a $20,000 fine and that probation was an option. Thomason waived a speedy trial and his trial date was set for Feb. 15 - 17, 2012. Thomason's pre-trial conference hearing was set for Jan. 23, 2012, at 11:45 a.m.
In other news from the day's criminal law and motion calendar, Joshua Cole Petersen entered a guilty plea agreement to the charge possession of a controlled substance. Petersen had also been originally charged with two counts of being under the influence of a controlled substance, but the plea agreement dismissed those two charges. The agreement included that Petersen would make application to a diversion program.
Montero told Thomason that the potential penalty for the conviction could be one to four years prison with a fine up to $5,000 and mandatory probation. Montero set Petersen's sentencing for Dec. 19 at 11:45 a.m. and ordered he complete a pre-sentencing investigative interview with parole and probation.
Jacob Pellegrini entered a guilty plea agreement to the charge of possession of a controlled substance. The agreement included that Pellegrini would apply for a diversion program. Montero told Pellegrini that the potential penalty for the conviction could be one to four years prison with a fine up to $5,000 and that probation was mandatory. Montero set sentencing for Jan. 9, 2012, at 2 p.m. subject to Pellegrini completing a pre-sentencing investigative interview with parole and probation.
Winn Weatherly, Jr. appeared for a pre-trial conference hearing for the charge of trafficking a controlled substance, Level I. Stermitz, counsel for Weatherly, had previously filed a motion to suppress in the case which was granted by the court. The weight of the drugs Weatherly was alleged to have had in his vehicle were incorrectly reported by law enforcement. Montero granted that Weatherly's case be remanded back to justice court and that Weatherly's trial dates be vacated.
Daren Chavez Briones pled guilty and was sentenced in two separate cases. Briones' first case involved the charge of conspiracy to use a controlled substance and the second case was for burglary.
Stermitz, counsel for Briones, asked the court that his client's sentences run concurrent with the sentence from an older case. Stermitz and Deputy District Attorney Roger Whomes agreed on and requested that the court use a pre-sentencing investigative report for Briones from 2009 in the current sentencing.
Prior to sentencing, Montero asked Briones if he wished to make a statement in his own behalf and Briones declined to do so. Montero sentenced Briones to 12 months in the Humboldt County Detention Center for his first case to run concurrent with a sentence in Briones' 2010 case. Montero sentenced Briones to 12 to 30 months prison for the burglary case to also run concurrent to the 2010 case sentencing. Montero further ordered Briones to pay $64.99 in restitution in the burglary case and a $250 public defender fee.
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