WINNEMUCCA - Judge Michael Montero heard another busy law and motion criminal calendar on Oct. 24 in Sixth Judicial District Court.
A pre-trial conference was held for Steven William Nugent whose appearance had been waived. Nugent had been arrested on May 31 for transporting and possession of a controlled substance for sale. A suppression hearing was held in Nugent's behalf on Oct. 10 and Montero granted the motion to suppress. The case was remanded back to justice court.
Douglas Randall Buffey appeared in court with his attorney John L. Arrascada for arraignment and plea. According to Arrascada, Buffey had been en route to Utah from California when he was pulled over by interdiction officers and drugs were seized from his vehicle. Buffey entered a guilty plea agreement to the charge of sale of a controlled substance with application to a treatment program and withdrawal of his plea with successful program completion.
Arrascada told the court that his client would complete a program on Dec. 8 and requested sentencing thereafter. Montero requested that a pre-sentencing investigation report be done and Arrascada argued that as long as his client successfully completed treatment, there was no need for a PSI. Montero also argued that application to a diversion program involves probation as well. Chief Deputy District Attorney Kevin Pasquale told the court that the only contingency in the plea agreement was that the defendant complete the program. Montero ordered that a PSI be done telephonically and set Buffey's sentencing for Jan. 23, 2012 at 10:30 a.m.
Daniel Lockaby appeared for arraignment for possession of a controlled substance and under the influence of a controlled substance. Montero told Lockaby that the potential penalty for the first charge was one to four years prison with a fine up to $5,000 and mandatory probation. The second charge's potential penalty was one to four years prison with a fine up to $5,000 or both prison time and fine plus mandatory probation. Lockaby pled not guilty to each charge and waived a speedy trial. Trial was set for Feb. 1, 2012, at 9 a.m. and a pre-trial conference hearing set for Jan. 12, 2012, at 10:30 a.m.
Ferdinandus L. Vaneeten appeared for sentencing on the charge of under the influence of a controlled substance. Public Defender Matthew Stermitz, counsel for Vaneeten, argued for his client to participate in a Veterans Affairs program in Reno to which he was tentatively accepted based on his sentencing. Deputy D.A. Roger Whomes agreed with the proposal but told the court that an arrest warrant out of Oregon was outstanding possibly connected to the same case as Oregon authorities had also responded to the incident. Vaneeten was taken into custody on the Oregon warrant and Whomes stated he would contact them about the resolution in Humboldt County. Vaneeten's sentencing was continued to Nov. 28 at 11 a.m.
Andre Djurdjic entered a guilty plea agreement for the charge of possession of more than one ounce of marijuana. Djurdjic's attorney, Public Defender Matthew Stermitz, told the court that his client would be applying for a treatment or diversion program. Djurdjic told the court that the factual basis for his guilty plea was that he had purchased approximately one pound of marijuana in California and was going home to Wyoming. Montero ordered that a PSI be completed and set Djurdjic's sentencing for Dec. 12 at 2 p.m.
Sebastian Wallace appeared for his arraignment on two counts of sales of a controlled substance. Wallace pled not guilty to both counts and his trial was set for Jan. 11 - 13, 2012, at 9 a.m. and his pre-trial conference on Dec. 12 at 10:30 a.m.
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