Nicholas Augustas Kastl doesn't like jail.
"In my 15 years as a defense attorney, I've not seen anyone have such anxiety in terms of custody," said Public Defender Steve Cochran.
"The easy way to look at it is, ‘Well, then don't do things that land you in jail,'" said Cochran.
But the attorney argued that Kastl suffers from a dual diagnosis. He deals with both mental health and substance abuse issues, explained Cochran.
Sheriff's officers brought Kastl to court on Wednesday. Judge Jim Shirley planned to sentence him for the possession of a stolen vehicle.
"We're asking for formal probation so Mr. Kastl can get help," said Cochran.
DDA Jack Bullock questioned whether Kastl could succeed on probation. He pointed to 15 years of documented daily methamphetamine use by the defendant.
"He never once did anything to change his ways," said the DDA. "I do not believe probation is warranted in this case."
Kastl's body wracked with sobs. The judge called a recess to allow the defendant to compose himself.
After the break, Judge Shirley questioned the defendant.
"If I were to put you on probation as your attorney has requested and the Division (of Parole and Probation) has recommended, where would you live?" he asked.
Kastl replied that he'd live in Lovelock with his fiancee and her parents. He and his girlfriend have two children aged one and three, he added.
The judge gave Kastl a suspended sentence of 24 – 60 months in prison with 126 days credit for time served. He'll be on probation for up to five years.
Also, Kastl must pay court fees within four months. And within one year he has to pay $1,500 in restitution and a $1,000 fine.
The judge ordered Kastl to get both a substance abuse and mental health evaluation. He must abstain from alcohol, marijuana and controlled substances the entire term of his probation.
"A lot of people try to mask their mental health issues by using drugs," said Judge Shirley. "That's not an excuse. It's just a fact of life. I'm hoping we can address both those issues."
The court scheduled a status hearing for February 2019.
"Mr. Bullock's arguments were persuasive. You're lucky to be getting probation so make sure you're compliant," said the judge. "I'll see you in one year."
