Danyel Rose Baca pleaded no contest to Theft. Sentence: Fined $245.00.
April 19
Jonathan Phillip Rackerby pleaded guilty to DUI. Sentence: Fine $685.00. DUI School. Victim Impact Panel. Serve 30 days, with credit being given for 5 days time served. Balance of 25 days suspended under the condition that the defendant complies with sentencing requirements and has no violation of laws other than minor traffic offenses. Additional charge of aggressive driving was dismissed by DA.
Probation violation hearings at the 11th Judicial
By Peggy Jones
p.jones@winnemuccapublishing.net
In February 2018 Judge Jim Shirley dropped some parting words on Nicholas Augustus Kastl, 31. The judge had just given the defendant a shot at probation.
“DDA Bullock’s arguments were persuasive,” said Judge Shirley. “You’re lucky to be getting probation so make sure you’re compliant. I’ll see you in one year.”
The judge gave Kastl a suspended sentence of 24 – 60 months for possession of a stolen vehicle.
On Monday, officers from the Pershing County Jail transported several inmates to the courtroom. They wore thick leather belts around their waists. Plastic ties bound their wrists to the belt at waist level.
Kastl was among them.
Officer Markus Heimbruch from the Department of Parole and Probation alleged that the defendant failed to report. Further, Kastl tested positive for marijuana and methamphetamine at the time of his arrest.
Kastl admitted to the allegations.
Steve Cochran represented him.
“In my 15 years as a defense attorney I’ve never seen a client with a higher level of anxiety over being in jail,” said Cochran at an earlier hearing.
Court documents indicated daily methamphetamine use for over a decade.
Cochran argued that, because of his dual-diagnosis, Kastl needed a higher level of care than most probationers. He suggested the court explore mental health services through Washoe County.
“Mr. Kastl’s anxiety and mental health issues are part of the parcel of his overall failure to adjust and begin participating in his probation,” said Cochran. “He was out of custody for less than a month and lacked the ability to comply.”
DDA Bullock argued for a prison term.
“I see no redeeming value in maintaining this defendant on probation,” he said. “Prison is better suited to deal with his mental health issues because he’ll be right there.”
Officer Heimbruch said he reached out to Kasl with specific, easy instructions.
“But, he failed from the get-go,” said the probation officer.
The defendant apologized to his attorney, the court and Parole and Probation.
Next, Judge Shirley passed sentence.
“I took you at your word,” he began. “You had an attorney that was an advocate for you. If you had gone to him, he would have helped you.”
The judge imposed the underlying sentence of 24 – 60 months in the Nevada Department of Corrections.
In August 2017 Amanda Ann Street pleaded guilty to battery on a peace officer. On Monday she faced a probation violation hearing. Steve Cochran defended her.
The judge reinstated Street’s probation and gave her credit for 99 days time served.
“It’s up to you to succeed,” the judge told Street. “Nobody can do that but you.”
Street said she’ll continue substance abuse counseling with the tribe. She hopes to get her old job back.
Kyle B. Swanson defended Christy Leanne Rolen. The defendant failed to report to Parole and Probation on a monthly basis, she admitted. But she denied several other allegations.
The court scheduled an evidentiary hearing for May 21, 2018.
In Dec. 2017, the judge sentenced Jerry Lindsay Bokori to boot camp. Bokori did not complete the program of regimental discipline.
The court set an evidentiary hearing for May 7, 2018. The boot camp may appear telephonically. The judge remanded Bokori to the custody of the sheriff.
Kameron Wayne Smokey faced probation violation charges. Steve Evenson represented the defendant.
Smokey denied the allegations. The judge set an evidentiary hearing for June 11, 2018.
Other cases
The judge continued Rodney Merle Ludington’s pretrial status conference until June 4, 2018. He faces charges of battery with substantial bodily harm. John Edward Oakes defended him.
“We have two alleged crimes that involve two victims,” said the judge. “It’s time to get this case out of the way.” Ludington may change his plea at the next hearing. If not, the court will set the matter for trial.
Charles Handford Ferguson, 47, came to court to change his plea.
He pleaded no contest to the charge of unlawfully furnishing a controlled substance, Oxycodone.
The State charged Ferguson with conspiring to sell eight 50 mg. Oxycodone tablets to a confidential informant (CI) on Jan. 13, 2014. The alleged transaction took place on Main and Amhurst streets in Lovelock.
The State agreed to reduce the charge from a felony to a gross misdemeanor.
The judge sentenced Ferguson to four days in the Pershing County Jail with four days credit for time served.
By Peggy Jones
p.jones@winnemuccapublishing.net
On Feb. 14, 2018, Monte Lee Tackman, 35, drove off from his aunt’s Elko, Nev., home. He sat behind the wheel of a 2018 Chevrolet Camaro, a legend at any speed.
“I wasn’t thinking that day,” said Tackman. “It was Valentine's. I decided to drive to Reno to see my wife. I borrowed my cousin’s car without permission while he was at work and here we are today.”
Tackman’s journey ended at 1450 Cornell Avenue in Lovelock, Nevada. Law enforcement hauled him to the Pershing County jail. He wore jailhouse stripes to court on Monday.
At his arraignment for the possession of a stolen vehicle, the defendant spoke about the Camero wistfully. He noted that its tachometer read less than 2,000 miles.
Deputy District Attorney Jack Bullock explained that Tackman faces up to 364 days in jail for the gross misdemeanor. The 11th Judicial may also impose a fine of up to $2,000 plus court costs and restitution. The judge may grant probation of up to three years instead of a jail term.
The court sentences the defendant on June 18, 2018.
Like Tackman, most of the 15 defendants who passed through the 11th Judicial courtroom on Monday came from jail. Judge Jim Shirley presided over sentencing hearings, probation violation hearings, arraignments, change of plea hearings and more.
Other arraignments
Nathan Allen Larson came to court for a continued arraignment on charges of assault with a deadly weapon and burglary. He appeared with his attorney Kyle B Swanson.
The DA’s office plans to file an amended information alleging two gross misdemeanors.
Judge Shirley continued the case until May 7, 2018.
Corrie Marie Baker, 43, pleaded guilty to possessing a controlled substance, methamphetamine, a felony.
Kyle B Swanson defended her.
DDA Bullock explained the possible penalties. Baker could get from one to four years in prison, a $5,000 fine or both. But the offense qualifies for mandatory probation under Nevada law.
Baker is applying for a diversion program, court-supervised rehabilitation.
Her eligibility hearing is on June 18, 2018.
Donald Ray Lamont Wanner, Sr. pleaded not guilty to possession of a controlled substance, methamphetamine. The court set his trial for September 13 and 14, 2018.
Cochran defended him.
Javier Flores Valtierra, Jr., pleaded not guilty to the unlawful use of a controlled substance. The court set his trial for June 27 – 29, 2018.
Sentencing hearings
Because of a past felony conviction, the law prohibits Curtis Roy Frederickson from possessing a firearm. But he pleaded guilty to discharging a weapon in Imlay, Nevada.
Steve Cochran represented him.
“Mr. Frederickson fired a weapon at the edge of town,” said Cochran. “He had no evil intent, animosity or discernible target. It was the proverbial blowing off of steam.”
The judge noted that Frederickson absconded rather than appear at his sentencing hearing on Feb. 5, 2018, as ordered.
Frederickson told the court he traveled to Idaho because his mother-in-law had a stroke. The inmate intended to come to his sentencing hearing but his ride fell through at the last minute.
“I panicked,” he said.
The judge issued a bench warrant. Law enforcement brought Frederickson back to Pershing County. He must reimburse the State of Nevada for the cost of extradition, $350.
The judge granted probation. He sentenced Frederickson to 19-48 months in prison, suspended. He ordered him to apply to enter the Humboldt County drug court program.
“You’re on a short leash,” the judge told the defendant after going over the terms and conditions of his probation.
Jail officers brought Joseph Phillip Carroll to court for an eligibility and sentencing hearing. He is applying for an out-of-state diversion program for the possession of a controlled substance.
Steve Cochran defended him.
Carroll failed to appear for his last eligibility and sentencing hearing on July 17, 2017.
Carroll said that negative influences in Pershing County make it impossible for him to stay clean. He hopes to return to California. The judge found Carroll eligible for diversion and ordered a substance abuse evaluation. He continued the hearing until May 21, 2018.
The judge remanded the defendant to the custody of the Pershing County Sheriff’s Office.
