Steven Joel Schwartz and Michael L. Becker settled into a back row under Shorty Carpenter’s pillowy clouds. They each wore a suit and tie. Both looked like attorneys.
The two men watched the proceedings in Pershing County’s 11th Judicial court, while waiting their turn before Judge Jim Shirley on Monday, Oct. 15.
One faced arraignment on felony drug charges stemming from a Burning Man arrest in August 2017. The other traveled from Las Vegas to represent the accused.
Finally, Schwartz, 45, settled into the defendant’s chair with Becker to his left. Schwartz retained the Vegas attorney as his counsel.
Schwartz, a native of New Jersey, pleaded guilty to possession of a controlled substance, MDMA. Commonly known as Ecstasy, the drug acts as both a stimulant and hallucinogen.
DDA Todd Banks explained the penalties for Ecstasy possession in Nevada.
A Category E felony can result in one to four years in state prison, fines of up to $5,000 or a combination of both. Schwartz’s lack of criminal history made him eligible for mandatory probation.
The defendant exercised his right of allocution. He spoke directly to the judge before sentencing.
“I’ve spent the last two years on the road delivering installations and technology to festivals,” he said. “I’d just dropped off a friend at her camp. After two hours unloading all her stuff, I looked forward to a long rest.”
But a burned out tail light changed Schwartz’s life, perhaps forever.
“I was pulling a trailer with all my technology in it,” continued the defendant. “In Reno, the tail lights worked fine. But somewhere between Point A and Point B, one went out. Next thing I know I got pulled over on the playa, which I didn’t know was even possible.”
K-9 dogs sniffed out MDMA in Schwartz’s RV.
Becker spoke on his clients’ behalf.
“Mr. Schwartz was living life on the straight and narrow in Colorado as a practicing chiropractor,” said the attorney. “He pioneered in sound and vibration therapy. He moved to Calif. to further his ambitions in that direction.”
A Google search brings up Schwartz’s company, Bioharmonic Technologies. He advocates the use of “sonic-ceuticals” to help the human body recover from some illnesses.
“My client’s arrest caused tremendous disruption in his life,” continued Becker. “He’s could always fall back on his chiropractic background, but now he’s precluded from applying for a license in Calif. Whether he’ll be able to in the future remains to be seen.”
Becker asked the judge to allow Schwartz to participate in drug treatment.
“He truly regrets the decisions he made,” said the lawyer.
The judge suspended the proceedings and placed Schwartz in Pershing County’s out of state drug court program. He granted probation, not to exceed 364 days.
Schwartz must complete a drug treatment program and continue to test clean for controlled substances. He must also avoid any violations of the law other than minor traffic offenses. He’s required to appear at all court hearings, either in person or telephonically as requested.
If Schwartz meets all the requirements, he may withdraw his plea. According to the terms of the guilty plea agreement, the court will dismiss the charges.
Other court cases
Jaime Kaye Greenfield came to court for a continued sentencing hearing. Kyle Swanson defended her on charges related to her arrest on March 12, 2016. She previously pleaded guilty to drug possession and child endangerment.
“In the lengthy time her case has been pending my client has been clean and wants to use the resources of New Frontier Treatment Center to stay clean,” said Swanson.
The judge agreed. He granted probation on both charges. Each sentence runs concurrently.
Curtis Roy Frederickson appeared for a status hearing related to his payment of court fees. Steve Cochran represented the defendant.
The judge continued the hearing until Jan. 7, 2019.
“In the meantime, the court expects steady and consistent payment,” he told Frederickson.
James Reily Jackson II was not present for his status hearing on fees. The judge continued the proceedings until Nov. 5.
Joseph Phillip Carroll was not present for his court hearing. The Department of Parole and Probation sought clarification on his Judgement of Conviction (JOC). In May 2018 the judge sentenced Carroll for the unlawful use of controlled substances.
