George Allen Smith was sent directly to prison following a court hearing on April 9 in which he admitted to violating the terms of his 36-month probation several times since his supervision began in March 2018.
Smith was originally convicted of a category C felony charge of possession of a stolen vehicle in March 2018 and given a prison sentence of 12–36 months. The prison sentence was suspended and Smith was placed on probation for a period of 36 months.
The Department of Parole and Probation filed a violation report for Smith in June 2018, and then a supplementary report in April 2019. Smith admitted to multiple violations that were alleged in each report.
Humboldt County Alternate Public Defender Maureen Mcquillan represented Smith in the probation violation hearing, and reviewed two letters of employment on behalf of her client, along with an affidavit of residency.
McQuillan said that Smith has accepted responsibility for his actions and asked that he be placed back on probation.
Deputy District Attorney Kevin Pasquale represented the state in the matter and did not agree with McQuillan. Pasquale pointed out to the court that Smith had failed to show up for drug court that was ordered in 2017, absconded from an arraignment hearing the following month and again following his probation.
“My first question is what in the world ever made us think that Mr. Smith was going to complete probation,” said Pasquale. “He fooled us once, I don’t think he should be able to fool us twice. He’s got 115 days credit for time served and on a 12-month sentence he’s going to flatten out (and be released) way too soon.”
In Smith’s allocution statement to the court, he read a letter he wrote to the court and claimed that a new light has come into his life in that he is going to become a father for the first time.
“In all the 28 years that I’ve lived, I’ve truly never cared what’s happened to me, I’ve lived a selfish life,” said Smith. I have faith that there’s always a second chance for everyone in this life... It’s time for me to put myself in the shoes of a responsible and not a negligent person and do things the right way.”
Althought Sixth Judicial District Court Judge Michael Montero agreed with some of the sentiments the defendant expressed, he revoked the probation sentence, leaving Smith to immediately carry out the underlying prison sentence of 12-36 months with 115 days credit for time served.
“I live by the belief that all people are inherently good, some people may not have had the same opportunities in life and some people make bad choices,” said Montero. “But I also understand that we always in this courtroom have an obligation, you do too as a member of our community and as a member of society to follow the law. Unfortunately, you have some history and you’ve made some choices and we have to follow the law. You’re probably going to be processed and out of the prison system before that baby is born”
Carol Zapata
and Joanna Cruz
Sisters Carol Zapata and Joanna Cruz found themselves a long way from home for an arraignment hearing in Sixth Judicial District Court on felony drug transporting charges. They were both ordered a 12-36 month prison sentence, suspended on the condition that they complete 60 months of probation.
Both women pleaded guilty to transporting a controlled substance, a category B felony and were facing 1-6 years in prison and a $20,000 fine each, with eligibility for probation.
Zapata and Cruz were arrested on December 27, 2018, in Humboldt County and charged with transporting marijuana greater than 50 pounds, including marijuana wax and oil. The court indicated the women were in possession of almost 150 pounds of marijuana, four pounds of marijuana wax and six pounds of marijuana oil.
Each defendants’ respective legal representative asked the court to give the women a suspended prison sentence with a 36-month probation term rather than the 60 months of probation recommended by the Department of Parole and Probation. Legal counsel presented a few factors to the court that were in favor of the sentence they were asking for, along with multiple character reference letters for each defendant.
Both defendants are mothers in their 20’s with small children at home. Neither of the women have a significant criminal history and it appeared that they had hoped to make some extra money by taking a road trip across the country with a significant amount of controlled substances in tow. Both defendants had obtained full-time employment since their original court hearing in January.
“That’s a lot of marijuana, we’re talking significant amounts. I know that they were trying to make a few bucks but those types of amounts have to be concerning to the court as well,” said Deputy District Attorney Kevin Pasquale. “On the other hand, these young ladies have exemplary records there’s nothing there from either one of them. I want to believe that we have a couple of women who are good people who have made bad mistakes. In addressing counsel’s concern regarding the term of probation, my argument is that with the amount of marijuana it’s a pretty good reason to have the longer probation.”
In brief allocution statements, both women said they found themselves in a situation where they felt trapped by financial obligations and got caught up in the moment trying to feed their kids and put a roof over their heads.
Judge Michael Montero expressed concern with the perceived nonchalant attitude of the defendants, especially with the prison sentence they each faced.
“I understand that this may be somewhat foreign to you being in a courtroom because neither of you has a criminal record, but I’m surprised at what I perceive as a lack of remorse,” said Montero. “You probably never thought that you would be standing in a courtroom facing a judge in Winnemucca, Nevada. I feel like it might be more of a ‘sorry I got caught.’ I think the way you present to me today is not terribly convincing that you’ve learned a lesson ... It’s almost like how dare this little town in Nevada interfere with my entrepreneurial spirit.”
The court ordered both defendants to 12-36 months in prison with credit for time served of 13 days and suspended the sentence in lieu of 60 months of probation. Both defendants were ordered to pay a $153 DNA analysis and collection fee, $25 administrative assessment and $60 forensic fee.
As a part of the probation terms, both defendants were ordered to abstain from controlled substances, inhalants, drugs, marijuana, bars, liquor stores, casinos or establishments where liquor is the primary source of revenue. They were both ordered to obtain a GED or high school equivalent within 24 months.
“The court today has taken into consideration your age and your criminal history and with much hesitation I’m going to grant you both probation for a period of 60 months and I just hope that this will be a lesson learned in life that will keep you from trying to take the easy road,” said Montero. “You both had a mother that worked hard and showed you that hard work is the way to succeed in life, it’s not to run drugs from California to Memphis Tennessee.”
