On Wednesday, the PCSO brought several defendants from the jail to the 11th Judicial courtroom. As they took their turns on the hot seat, Dawn Bequette asked each of them a question.
"Do you solemnly swear or affirm that the testimony you're about to give in the matter now pending before this court is the truth, the whole truth and nothing but the truth, so help you God or under the pains and penalties of perjury?" asked the Clerk of the Court.
By the end of the afternoon, four men and a woman swore their veracity.
Officer Markus Heimbruch and Lisa Brannon represented the Division of Parole and Probation. Three of the cases dealt with probation violations. Sentencing and an arraignment rounded out the criminal docket.
In August 2017, Jose Luis Valtierra II, 27, pleaded guilty to possession of a controlled substance.
Judge Jim Shirley granted the defendant probation. Valtierra would do his time outside prison walls under the supervision of the Division of Parole and Probation.
But on Wednesday the defendant admitted to violating several of the terms of his probation.
Valtierra lagged four months in paying his monthly supervision fee of $30, set by Nevada law.
Further, he neglected to obtain a substance abuse evaluation and failed to get a job.
To stay out of prison Valtierra had agreed to abstain from drugs and alcohol through the entire course of his probation.
But, according to court records, he tested positive for marijuana use on Oct 6 and Nov. 8, 2017. On Dec. 13 the defendant failed to appear for an appointment with the Division of Parole and Probation.
On Jan. 26, 2017, the Division contacted Valtierra by phone. He admitted to smoking marijuana that day.
On Jan. 30, police officers arrested the defendant at his girlfriend's house without incident. His urine tested positive for THC, the psychoactive ingredient in marijuana.
Steve Cochran addressed his comments to the Valtierra.
"What we’re seeing is a lack of motivation," he began. "No new crimes have been committed. After four weeks of custody, Mr. Valtierra understands that when you’re on probation, lack of initiative can get you locked up."
"Mr. Heimbruch gave the defendant plenty of opportunities to get his butt in gear," continued the defense attorney. "He needs to quit smoking weed, get a substance abuse evaluation and get a job."
Cochran asked the judge to reinstate his client's probation.
DDA Jack Bullock disagreed.
"He's 27, not 19," said DDA Bullock. "He's old enough to know better."
"Does Mr. Valtierra want to change?" asked the prosecutor. "From his conduct, the answer seems to be no. Yes, marijuana is now legal, but not for him."
The defendant exercised his right of allocution. He spoke before Judge Shirley passed sentence.
"I've learned from my experience in jail," he said. "I'm ready to be a father to my son. I understand probation isn't here to hurt me. It's here to help me."
The judge gave Valtierra 41 days credit for time served. He ordered the jail to hold the defendant in custody for 60 days, until April 21, 2018.
"You have exactly 14 days from your release to get a substance abuse evaluation," said the judge.
Further, if the defendant has no job within 30 days after his release, he'll do 20 hours of community service each week until he gets one.
"If you test positive for marijuana Mr. Heimbruch will schedule another probation violation hearing," said the judge. "There will be no tolerance for a positive test."
The court scheduled a status hearing for May 7, 2018.
