Javier Flores Valtierra wants to beat his six-year addiction to heroin. But first he faced sentencing on multiple charges in the 11th Judicial Court presided over by Judge Jim Shirley.
On Monday, Aug. 6, Valtierra stood between two attorneys. Steve Cochran defended him on substance abuse charges. Kyle Swanson defended him for unlawfully taking a motor vehicle.
Deputy District Attorney Todd Banks argued on behalf of the State of Nevada. Lieutenant James Richardson came from the Division of Parole and Probation.
Court records state that Valtierra drove a car without the owner’s permission and used it to further his addiction. The defendant returned the vehicle to his acquaintance after four or five hours.
Judge Shirley called on Cochran to begin.
The attorney started on a jarring note.
“Since Mr. Valtierra entered his guilty plea in this case he tested positive for heroin,” he said. “As a defense attorney, why would I bring that up? Because he didn’t wait for law enforcement to come and get him. He came to the courthouse and said, “I used.””
“To the best of my recollection not a single presentencing person in the drug court program has done that,” said Cochran.
“As a result, we got Mr. Valtierra into an inpatient treatment facility prior to sentencing and he’s graduated that program with flying colors,” said Cochran. “I couldn’t be more proud of him on a personal or professional level.”
The attorney argued for probation and a diversion program in Washoe or Lyon County. Diversion programs focus on rehabilitation and may help defendants avoid convictions and criminal records.
The State disagreed.
“We appreciate the strides Mr. Valtierra has made but there has been too much,” said the DDA. Pointing to the defendant’s history with the court, Banks argued against diversion.
However, he left the decision to the court’s discretion.
“My objection has been duly noted,” he said.
The judge asked the defendant a series of questions in order to determine his eligibility.
“Mr. Valtierra, do you feel you have a substance abuse issue?”
“Are you amenable to treatment?”
“Do you feel you’d benefit from treatment?”
“Part of the statute requires consent to being placed in the program. Do you understand that in diversion you’re going to be required to do more than in standard probation? Are you consenting to being placed in the diversion program?”
Valtierra answered each question in the affirmative.
The judge found Valtierra eligible. He gave the defendant a suspended sentence of 120 days in jail for the theft.
Valtierra’s probation will not exceed three years with 15 days credit for time served. He’ll continue fighting his addiction outside prison walls.
