The 11th Judicial convened on Monday, Dec. 2. Outside, winter storms brewed. Hazardous driving conditions prevented a few defendants from attending their hearings, but two Pershing County men had their day in court.
It was Judge Jim Shirley’s second attempt at arraigning Joel Adam Marcelja, 38.
Immediately following his Nov. 4 arraignment, Marcelja tested positive for his drug of choice, methamphetamine.
To protect the defendant’s rights, the court had to nullify the Nov. 4 arraignment. They’d schedule a do-over. The question was how to ensure Marcelja showed up clean and sober. Jailing him might be the surest way. Defense Attorney Kyle Swanson and DDA Todd Banks differed on how the court should respond.
Ultimately, Judge Shirley ordered the Grass Valley man to arrange for testing in Winnemucca.
After leaving the courtroom, Marcelja began testing at Sonoma in Winnemucca. Monday, he returned to court for his arraignment with six clean tests under his belt.
The defendant pleaded guilty to possessing a controlled substance, methamphetamine. He acknowledged his addiction and will seek a diversion program. If he qualifies, the District Attorney’s office will not oppose the application.
In return for the guilty plea, the DA will not file habitual criminal charges. Under Nevada’s ‘three-strikes’ law, a third felony conviction would up the ante from a Category E to a Category B felony, punishable by five to 20 years in prison.
If previously convicted of three felonies, defendants face the possibility of life imprisonment without the possibility of parole. Shorty Carpenter, the inmate-artist who airbrushed the courtroom’s billowy clouds, is currently serving a life sentence as a habitual criminal.
At $35 a test, Sonoma’s protocol strained the defendant’s finances. He had to pay the bill before the agency released the results, he said. He was randomly tested three times a week. Sometimes he did not have the money.
At Swanson’s request, the judge lowered the random testing protocol to once-a-week. The judge ordered Marcelja to coordinate with Frank Wilkerson, the Pershing County drug court coordinator.
Marcelja returns to court for sentencing on Jan. 22. Both sides of the bench are free to argue about the appropriate punishment.
David Brian Kremnitz, Sr., 47, came to court from the Pershing County jail. He pleaded guilty to failure to stop upon the signal of a peace officer. As part of the plea agreement, DA Bryce Shields agreed not to charge Kremnitz as a habitual offender.
Kremnitz described the actions that brought him to court.
“First off, I had a couple drinks and got on my street bike,” he said. “The tribal police told me to get off.” Kremnitz acknowledged that one of the two officers drove a marked vehicle.
“I tried to turn the bike off, but it was idling at 7,000 rpm. When I cut the brake and clutch so it would stall itself out, it jumped forward and hit the officer’s bumper,” he said.
Property damage increases the offense from a misdemeanor to a Category B felony, punishable by one to six years prison. At the court’s discretion, probation is a possibility.
Kremnitz returns for sentencing on Jan. 22. The judge sent him back to jail.
