The 11th Judicial District Court met on Monday, April 15. Judge Jim Shirley presided.
Samantha Renee McPherson came to court for a review hearing on fees. She’ll return to court on Aug. 12.
Jennifer Marie Montes faces charges of embezzling from the Lovelock Softball Association last summer. She pleaded not guilty at her Jan. 7, 2019, arraignment.
On Monday Montes’ attorney, Steve Evenson, presented a pretrial writ of habeas corpus. He argued that, at the time of the alleged theft, the softball association had no corporate charter, articles of incorporation or rules about how funds could be spent. He noted that the softball association now operates under a different charter.
“At a minimum the State should be able to tell you what rules Miss Montes violated,” he said. “She intended to pay the money back, but she can’t pay an organization that no longer exists. There is no showing of an intent to commit a crime.”
DDA Todd Banks cited several examples of case law to refute Evenson’s points.
The judge will render a decision on the merit of the writ.
The court determined that Devin Patrick O’Keane met the terms and conditions of his diversion program. The judge ordered O’Keane’s guilty plea withdrawn and dismissed the proceedings.
Michael John Schwarzenberg came to court from jail for a pretrial conference on charges of assault with a deadly weapon and the abuse, neglect or endangerment of a child.
Troy Jordan represents Schwarzenberg, but the lawyer will soon close his practice. The court postponed the case for 30 days to give Schwarzenberg time to retain counsel. He’ll be back in court on May 20.
Kameron Wayne Smokey, 23, came to court from jail for a probation status hearing. Steve Evenson represented the defendant. The judge wants a letter from regimental discipline saying how Smokey did in boot camp.
Following receipt of the letter, the court will determine whether to reinstate the defendant on probation for the unlawful use of a controlled substance. Smokey returns to court on April 29.
The judge authorized Smokey’s release from jail on his own recognizance with conditions to ensure his sobriety.
“You’re young enough right now that you can change where you’re headed,” the judge told the defendant. “I’d like to see you succeed.”
Peter Sarkes Solomon Jr., participated in his court hearing telephonically. The court determined that Solomon satisfied the requirements of the out of state drug court program. The judge suspended the proceedings and allowed Solomon to withdraw his guilty plea.
Tyler James Staas, 29, came to court from jail for an arraignment. He pleaded guilty to possessing a stolen vehicle, possession of stolen property and failure to stop for a peace officer. He admitted to crashing the stolen Dodge Ram 1500 into a fence on Jan. 29, 2019, while evading law enforcement. A search of the vehicle revealed an oxygen tank, copper wire, a miter saw and other items valued at $3,500.
Staas faces one to ten years in prison and fines of up to $10,000 for each theft charge. He may be required to pay restitution. He could get one to six years in prison for failure to stop for a peace officer. Probation is on the table at the discretion of the judge.
David Lavern Tarbert came to court from jail. He faces charges of sexual assault of a child under 14, lewdness and coercion. He asked the court to postpone his arraignment.
After his arrest, Tarbert told the Justice of the Peace he could not afford a lawyer. The court appointed a public defender.
“I had some funds come in since then,” Tarbert said. “I’d like to get another attorney.”
The court continued the arraignment until May 6.
Lavell Johnny Wright, 61, came to court from jail to face sentencing for the distribution of a controlled substance. Public Defender Steve Cochran argued for a 12-48 month suspended sentence. He requested the judge to let Wright return to Calif.
The attorney acknowledged the defendant’s lengthy criminal history over the past decade.
“But every offense involves the word ‘possession,’” said Cochran. “Mr. Wright is not a drug kingpin. He’s an addict.”
DDA Banks observed that Wright benefited from Calif.’s step-down legislation, where the courts reduced some felony convictions to misdemeanors. He asked the judge to follow the recommendations of the Division of Parole and Probation; 12-48 months in prison. Wright began crying and rocking side-to-side as the DDA spoke.
The judge gave Wright 12-48 months in prison for each count with 104 days credit for time served. He ran the sentences concurrently.
“I see what Mr. Banks argued,” he said. “Some pretty serious crimes were reduced to misdemeanors.” Both the judge and defense attorney reminded Wright that if he stays out of trouble, he’ll be released from prison sooner.
