Alan Mayorga was recently given the chance at completing probation and a diversion program to avoid a category E felony conviction for possession of a controlled substance, and was convicted of possession of a dangerous weapon, a gross misdemeanor.
Sixth Judicial District Court Judge Michael Montero said that Mayorga had been down a similar road in 2015, when he received a deferred sentence because he was going to college, since he stayed out of trouble after receiving the deferred sentence, the charge was later dismissed.
“My client is a very young man with a very limited criminal history who got into a skirmish along with four other people on bridge street and at that time he had a prohibited weapon on him that resulted in these charges,” said Alternate Public Defender Maureen McQuillan.
Mayorga told the court that he is still enrolled in school but not currently taking classes due to his work schedule. He also said he doesn’t think he needs any kind of substance abuse treatment, but is willing to participate if required.
“You leave me with the decision to make as to whether at 22 years old with no prior felony convictions, no prison terms, no gross misdemeanor convictions as to whether you should at 22 be leaving this courtroom as a convicted felon. That could significantly affect the rest of your life,” said Montero. “You’re talking about your education but leaving as a convicted felon, you might not have the ability to go to college and I’m troubled that you don’t seem to take that a little more seriously. I’m mad about this because you’re not here asking for treatment.”
The court granted a diversion program for Mayorga, allowing him the opportunity to have the felony charge dismissed and convicting him of possession of a dangerous weapon (brass knuckles), a gross misdemeanor.
Mayorga was ordered to complete 36 months of probation for the felony diversion program, along with a suspended 364 day jail sentence for the gross misdemeanor, with credit for one day time served. He was ordered to standard probation stipulations including no alcohol, controlled substances, bars, liquor stores, vape shops, smoke shops or dispensaries.
Mayorga was also ordered to apply for and complete the Washoe County drug court program if accepted, and if not accepted to complete another educational program. He was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee and $60 forensic fee.
“If the probation terms aren’t met, probation can be extended,” said Montero.
Gary Mortensen
Gary Mortensen was recently ordered to credit for time served on a category C felony charge of conspiracy to violate the uniform substance act, and told not to return to Humboldt County unless required to be here for legal purposes.
Alternate Public Defender Maureen McQuillan represented Mortensen in the case, asking the court to either grant him credit for time served for the 419 days in jail he had already spent, or to grant the recommended department of corrections sentence and place her client on probation. She said her client was found with approximately 14 pounds of marijuana and over 300 grams of psilocybin mushrooms, with approximately 10 pounds of marijuana suppressed in previous court hearings.
“This has been a very long and arduous case for him (Mortensen) that began with a horrific traffic accident near battle mountain in Humboldt County where a very good friend of his was killed immediately,” said McQuillan. “Mr. Mortensen spent one day less than fourteen months in our county jail and he is very invested in his defense, we put a lot of work into this and we are glad to be in front of you today for final resolution.”
Mortensen told the court that he has an ill family member who he takes care of and is planning to move to the east coast to be closer to his daughter.
“I just ask that I can have that ability to be the father I want to be, this has cost me dearly, it’s not just the time and situation of family issues, I’ve unfortunately lost almost everything, I don’t have any tools to work the job I was doing,” said Mortensen. “I have the opportunity on the east coast for a place to live, a job, transportation and it sounds like my best option hands down is to be out there and productive as possible.”
The court sentenced Mortensen to 419 days in jail with credit for time served, along with a $153 DNA collection and analysis fee, $25 administrative assessment fee, $60 forensic fee and $1,000 public defender fee. Montero also ordered Mortensen not to return to Humboldt County following the case resolution unless required by legal matters.
“You won’t see me again your honor, I promise you that,” said Mortensen.
Jessica Ryan
In a recent Sixth Judicial District Court sentencing hearing, Jessica Marie Ryan was ordered to pay a $2,000 fine on an amended charge of conspiracy to violate the uniform controlled substances act, a gross misdemeanor.
Ryan previously pleaded not guilty to three felony drug charges for possessing, transporting and transporting a controlled substance for sale. The plea agreement would allow Ryan to plead guilty to one gross misdemeanor charge and two misdemeanor charges, the misdemeanor charges to be settled in Union Township Justice Court.
At the sentencing hearing, Ryan’s attorney was present on her behalf to plead guilty to an amended gross misdemeanor charge and ask the court to order a fine. The state agreed with the recommendation to the court, also recommending the fine.
The court ordered a $2,00 fine, along with a $25 administrative assessment fee, $153 DNA collection and analysis fee and $60 forensic fee.
