On Monday, Nov. 19, the 11th Judicial Court arraigned Vito Maria Schnabel, 32, on charges stemming from an arrest at Burning Man last summer. He pleaded no-contest to transporting a controlled substance (psilocybin) at the festival on Sept. 3, 2017.
Schnabel, an art dealer from NYC, retained John Edward Oakes, from Reno, as his attorney. DDA Todd Banks argued on behalf of the State of Nevada. Lisa Brannon, from the Division of Parole and Probation, participated telephonically. Judge Jim Shirley presided.
According to Oakes, Schnabel was with a group of people at the festival. A BLM officer saw Schnabel remove a substance from a community bag. The officers confiscated the bag, found psilocybin (magic mushrooms), arrested Schnabel and took him to jail.
At his arraignment, Schnabel entered a no-contest plea, also known as an Alford Plea.
“We came to this conclusion after extensive conversations with Mr. Schnabel and other participants in his life,” said Oakes. “We want to offer this young man an opportunity to avert a felony conviction.”
Schnabel maintains his innocence of the Category C felony. But he and his lawyer agree that, based on the evidence, the DA’s Office could prove his guilt to a jury beyond a reasonable doubt.
According to DDA Banks, Schnabel faces one to five years in prison, fines up to $10,000 or a combination of both. The DA’s office agreed to not oppose Schnabel’s application for a diversion program under NRS 458.
Diversion programs allow participants to undergo treatment instead of incarceration. Successful completion may result in dismissal of charges. But defendants must actively participate in a program that includes random drug testing and counseling.
“If you do not successfully complete the program you will come back here for sentencing,” said the judge. “I could impose the prison sentence.”
Judge Shirley ordered Schnabel to apply to the Pershing County out-of-state drug court program. The judge suspended the proceedings and set a sentencing and eligibility hearing for March 4, 2018.
