On Monday June 4, David Blaine Avera faced sentencing for possessing a dangerous weapon (blackjack).
In March 2018, Pershing County’s 11th Judicial Court arraigned David Blaine Avera on charges of possessing a blackjack - an illegal weapon consisting of a metal weight wrapped in leather or cloth. Avera pleaded guilty. On Monday he faced sentencing.
Steve Cochran, the public defender, represented Avera. Lisa Brannon from the Division of Parole and Probation participated telephonically throughout the day.
Avera said he bought the weapon in Reno, NV, and did not know it was against the law.
Judge Jim Shirley sentenced Avera to six months in jail, suspended.
The judge imposed 12 months of probation and a $2,000 fine. Avera agreed to pay $200 a month.
Neisho Lynn Martinez appeared in the 11th judicial court for an alleged probation violation. The Division of Parole and Probation filed the report on April 28, 2017. Steve Evenson represented the defendant.
Martinez admitted to using methamphetamine in violation of the conditions of his probation.
The judge gave him 24 – 72 months in prison with 639 days credit for time served.
Scott Thomas Tiedemann, of Idaho, faced continued sentencing for driving under the influence of alcohol, third offense.
The judge found him eligible for treatment with Axis Behavioral Inc. through the Interstate Compact. He’ll serve probation for up to five years.
He’ll remain under supervision in Nevada until interstate compacted to Idaho.
Homero Torres came to court from Calif. for sentencing. He pleaded guilty to grand larceny in April 2018. Steve Cochran represented him.
Steve Cochran and DDA Jack Bullock clashed on several points.
“The State is asserting that Mr. Torres should be on the hook for extradition costs for something he was never made aware of,” said the public defender. “We object to any extradition amount.”
“We don’t have to give him notice,” countered the DDA. “He comes to our community and steals – then we have to give him notice before we extradite? I don’t think so.”
“We issued a warrant for his arrest properly issued by the justice of the peace,” he continued. “He’s required to pay restitution for the cost to the State of Nevada to bring him here.”
Further, the attorneys differed over whether probation was part of the plea agreement.
The judge continued the case until Sept. 5, 2018.
Patrick Allen Reid
Patrick Allen Reid came to court for a status hearing on charges of burglary, battery with a deadly weapon and assault. Kyle Swanson represented the defendant.
Reid also appeared for a review hearing on the unlawful use of a controlled substance. Steve Cochran defended him on those charges.
Swanson reported that his client satisfied nearly all of his requirements under the judgment of conviction. He is still pursuing one year of domestic violence counseling with eight months left to go. He’s paid all his fees and completed drug court.
Public Defender Cochran reported similar progress on the unlawful use conviction. Lisa Brannon from the Division of Parole and Probation concurred.
Anthony James Garcia
Anthony James Garcia, of Sacramento, Ca., Jr. did not appear for his continued sentencing hearing on charges of the possession of a stolen vehicle. Kyle Swanson defends him. The judge continued sentencing until June 18, 2018.
Rodney Merle Ludington
Attorney John Edward Oakes is defending Rodney Merle Ludington on charges of battery with substantial bodily harm. The defendant was not present for his status hearing on Monday. He pleaded not guilty in June, 2018.
The court scheduled the trial for Sept. 19 – Sept. 21, 2018.
On Monday June 4, Pershing County Sheriff’s officers brought Leonard Zarate, 37, from jail to the 11th Judicial court. He faced sentencing for the possession of a stolen vehicle. Zarate pleaded guilty in March 2018.
Court records showed that Zarate had eight prior felonies, mostly for the same offense – car theft.
Todd Plimpton represented the defendant.
“Mr. Zarate does have a pretty extensive criminal record,” acknowledged the defense attorney. “But when he came to Lovelock he was probation-free.”
Plimpton noted that the Division of Parole and Probation recommended a sentence of one to three years.
“The stunning thing about this case is that he’s done almost a year now,” continued the defense attorney. “The defendant has a good job waiting for him in Arizona, the same job that he had when he left.”
“In addition, his mother is very sick and he’s going to become her primary caregiver,” added Plimpton. “All three of his boys are in the military. While he’s been incarcerated his youngest son graduated from high school and joined up. He missed that.”
The defense attorney asked the judge to follow the recommendations of the Division of Parole and Probation – one to three years with credit for time served.
Citing the criminal history, Deputy District Attorney (DDA) Jack Bullock recommended a sentence of at least two years.
“We do not want to send the message that you can come to Lovelock, commit crimes, stay in jail for a long time and then get a minimum sentence and be out in 60 days,” said.
Zarate exercised his right of allocution. He spoke to the judge before sentencing, reading from a prepared statement.
“Good morning Hon. Judge Jim Shirley and fellow citizens of Pershing County who are present in the courtroom,” he began. “I came to Lovelock to marry and settle down with someone I’ve adored since elementary school.”
“I’m willing to accept my sentence today and return to Tucson, Arizona,” he continued.
“If granted probation today I will only remain in Lovelock until the probation office in Tucson accepts my transfer application and issues me a new probation officer,” he concluded.
Judge Shirley sentenced Zarate to two to five years in prison with 298 days credit for time served.
“I’m all for rehabilitation,” said the judge. “I try to help people rehabilitate their lives.”
But he cited the criminal history as a factor in his decision.
Pershing County jail officers transported Landon Ray Ruiz to court on Monday. He appeared for a pretrial conference and dispositional hearing on drug charges. Steve Evenson represented the defendant.
“I’ve known Landon since he was a young child,” said Evenson. “I have a strong affinity for him. He’s an extraordinarily likeable young man. He’s very smart and sadly he’s been a heroin addict and user of controlled substances since his preteen years.”
“He’s with a nice young lady and has a couple children with her,” continued Evenson. “He recognizes he’s not been the father or provider he needs to be. I believe him when he says he wants to do all that going forward.”
“But, the longer he’s in prison, the less likely he is to ever come back and be a productive member of society, so we’re asking for the minimum sentence,” said the defense attorney.
“I believe Landon is young enough and smart enough that redemption is possible,” he concluded.
Next, DDA Bullock spoke.
“I concur that this is a sad case,” he began. “We also have to acknowledge that the court system has bent over backwards to give the defendant multiple chances to get the help he needs. It didn’t take. I’m not going to speculate as to why.”
Bullock argued for the maximum sentence of 19-48 months.
“A longer sentence will give Mr. Ruiz a longer parole tail which I believe is necessary in the long-term to help him conform his conduct to what society expects,” he said.
The judge gave Ruiz 15-48 months in prison with 200 days credit for time served.
