Judge Jim Shirley presided over the 11th Judicial District Court on Monday, April 1. Public Defender (PD) Steve Cochran and Kyle Swanson represented defendants.
Deputy District Attorney (DDA) Todd Banks argued on behalf of the State of Nevada. Officer Markus Heimbruch came from the Division of Parole and Probation.
Maggie Kathleen Gallagher, 27, appeared for a sentencing and eligibility hearing. At her arraignment on Feb. 4, 2019, Gallagher pleaded guilty to the unlawful use of a controlled substance, methamphetamine.
Since her arraignment, the defendant has participated in the pre-sentencing phase of the Western Regional Drug Court program.
According to PD Cochran, Gallagher got a job, paid off long-standing justice court fees, engaged in counseling and abstained from controlled substances. Also, she’s followed the judge’s order to have no contact with a former associate deemed harmful to her sobriety.
Both sides of the bench agreed.
“I’ve been working with with Miss Gallagher since I came to the community four years ago,” said DDA Banks. “When Maggie’s looking out for Maggie good things happen for Maggie. When others take advantage of her, she gets thrown under the bus every time.”
The judge found the defendant eligible for a 453 diversion program. As a condition of her three-year probation, she’ll live with her parents for the time being. The judge continued the no-contact order.
Shaneh Andrea Parks, 24, pleaded guilty to felony transportation of a controlled substance.
Parks admitted to transporting 14 pounds of marijuana and 2.2 pounds of cannabis concentrate as she traveled I-80 in Pershing County last winter.
She faces one to six years in prison and fines of up to $20,000, DDA Banks explained. Parks may, at the court’s discretion, receive probation.
She returns for sentencing on June 17.
Janeen Marie Kemp, 42, from Calif., came to court for a sentencing and eligibility hearing. Kyle Swanson represented the defendant.
At her arraignment on Feb. 4, 2019, Kemp pleaded guilty to felony possession of methamphetamine and no-contest to unlawfully taking a vehicle, a gross misdemeanor.
The judge found Kemp eligible for a 453 diversion program. She must arrange a drug-testing protocol in Calif. at her own expense. As to the second charge, she’ll serve court-supervised probation not to exceed 364 days.
Robert Lee Yates, 37, faced arraignment for unlawfully taking a motor vehicle. Kyle Swanson represented the defendant. The court will sentence Yates on June 17.
The court arraigned Benjamin Jaleel Clark, 23, for attempting to possess a controlled substance (methamphetamine) while an inmate at Lovelock Correctional Center.
“I had drugs in the penitentiary, and I’m not supposed to,” he admitted. PD Cochran represented the defendant. Deputy Attorney General (DAG) Jason Gunnel argued on behalf of the State of Nevada.
Judge Shirley referred to the offense as “a wobbler.”
According to the DAG, if the judge deems the crime a felony, the defendant faces 12-48 months additional prison time and up to $5000 in fees. If the judge treats the offense as a gross misdemeanor, it’s punishable by 364 days additional time and up to $2000 in fees.
According to NDOC Inmate Search, Clark is serving 26-65 months as an ex-felon in possession of a firearm.
The court first attempted to arraign Tyler James Staas on charges of possessing a stolen vehicle on March 18, 2019.
However, because Staas tested positive for controlled substances the hearing could not proceed.
Judge Shirley rescheduled the arraignment for Monday, April 1. He told Staas to report to the Sheriff’s Office for a drug test the morning of the hearing. Staas reported as ordered.
Sheriff Jerry Allen found a bottle of urine taped to Stass’s left leg, he told the court later. In an attempt to beat the test, defendants sometimes substitute someone else’s urine for their own.
“I’ve got to take you into custody and hold you until your next court date,” Judge Shirley admonished Staas. “I can’t have you adulterating tests.”
The judge remanded the defendant to the custody of the Sheriff’s Office. He’ll return to court for arraignment on Monday April 15.
April 5
Cody Marcus Taylor pleaded guilty to DUI, First Offense. Sentence: Fine $685.00. DUI School. VIP. Breath Ignition Interlock Device. Follow recommendations of evaluation. Serve 30 days in jail with credit being given for 12 hours time served. 36 hours to be served within 30 days. Balance of 28 days is suspended for 12 months under the conditions that there be no violation of laws other than minor traffic offenses and that the defendant complies with sentencing requirements.