Wind rattled the windows of the 11th Judicial courtroom last Monday. Each defendant weathered a personal storm, most alone, some with the support of their families.
Judge Jim Shirley presided. Deputy District Attorney (DDA) Todd Banks represented the State of Nevada. Kyle Swanson and Public Defender (PD) Steve Cochran argued on behalf of their clients.
Yuriy Vasilievich Litvinchuk, from Idaho, appeared for a sentencing hearing. He pleaded guilty to the felony possession of a controlled substance, heroin. Litvinchuk also faced charges of possessing a credit card without the cardholder’s consent, a gross misdemeanor.
PD Cochran acknowledged that Litvinchuk was currently on probation in Meridian County, Idaho, for drug possession.
“Mr. Litvinchuk has had challenges with maintaining his sobriety,” Cochran said. He also noted that, despite stormy conditions, the defendant made it to court over the Donner Pass for Monday’s court hearing.
Under the judge’s questioning, the defendant admitted to using heroin the day before. The drug use raised red flags about Litvinchuk’s ability to fully participate in his sentencing hearing.
Cochran noted that his client appeared to follow the proceedings coherently and rode to court as a passenger. A young woman, Litvinchuk’s significant other, sat in the back of the courtroom.
DDA Banks recommended that Sheriff’s officers take the defendant into custody. He requested the judge to postpone the hearing until the court’s next Law and Motion Day (Feb. 20).
“That way we’ll know he’s clean,” said DDA Banks. The judge, in order to safeguard the defendant’s rights, agreed.
“I appreciate your honesty,” Judge Shirley told Litvinchuk. “This is not meant as a punitive measure. I want to make sure you’re clean and sober when we proceed to sentencing.”
“I’m directing the Sheriff’s Office to be cognizant you’re coming off of heroin or one of its derivatives and could go through withdrawal,” he added.
Bailiff Jack Arries cuffed Litvinchuk. Through tears, the couple said goodbye.
At his arraignment, Jonathan David Edmonds, 44, pleaded guilty to distributing a controlled substance at Burning Man on Aug. 28, 2018.
“Somebody offered me psilocybin. I knew it was in my vehicle and I take responsibility for that,” Edmonds said.
The judge assessed the defendant’s ability to read and understand court documents. In response to questioning, Edmonds said he holds a bachelor’s degree in radio, television and film from Calif. State University in Monterey Bay.
The DDA explained that Edmonds faces one to six years in prison, a fine of up to $20,000 or a combination of both, with probation as an option at the judge’s discretion.
Judge Shirley ordered the Division of Parole and Probation to prepare the Presentencing Investigation Report (PSI). He’ll sentence Edmonds on May 6, 2019.
Brandy Michelle Trappen, came to court for a sentencing hearing on child abuse charges. PD Cochran noted that the victim, Trappen’s child, required no medical attention. “Miss Trappen acknowledges she could have handled the situation better,” he said.
“I don’t want to go to jail, but probation might do me some good,” said the defendant. Her children currently reside in Las Vegas with their father.
Trappen will serve probation, not to exceed two years. Under the terms of her sentence, she must obtain counseling and abstain from alcohol and controlled substances including marijuana. She’s also subject to random urinalysis by the Division of Parole and Probation.
Jodee Leann Woodard came to court for a status hearing on fees. The judge found her current on all financial obligations including a $35 administrative assessment fee, $50 forensic fee, $150 DNA collection fee, $200 attorney fee and $3 genetic marker fee.
On Monday Sheriff’s Officers brought three defendants from jail to Pershing County’s 11th Judicial Court. Judge Jim Shirley presided.
In Dec. 2018 Jesus Alejandro Fernandez, of Calif., caught the eye of Nevada Highway Patrol (NHP) as he traveled on I-80, near Lovelock. According to court records, troopers pulled Fernandez over and found slightly over four grams of methamphetamine in his car.
Under Nevada law, four grams is the cut-off point between possession and the more serious charge of trafficking. Fernandez pleaded guilty to distribution of a controlled substance. Judge Shirley gave Fernandez 15 – 48 months in prison, suspended.
Under the Interstate Compact, Fernandez will serve up to five years probation in his home state. He must obtain a substance abuse evaluation within 45 days and abide by its recommendations, whether for inpatient or outpatient treatment.
As Maggie Kathleen Gallagher walked into the courtroom her eyes sought out and rested on a familiar figure. Her mother sat in the back of the room, offering love and support.
Maggie Gallagher, 27, pleaded guilty to using a controlled substance in Lovelock in Dec. 2018. “I was under the influence of methamphetamine,” she said. “I take responsibility for my actions.”
According to DDA Banks, the offense carries a potential prison sentence of one to four years. However, it falls under the category of mandatory probation. The DA’s office said it would not oppose Gallagher’s application for a 453 diversion program.
“We want to give Miss Gallagher the tools to get her life where it needs to be,” he concluded.
Judge Shirley explained the diversion program requires more work than regular probation. “You’ll be required to complete drug court successfully,” he told the defendant.
After imposing several conditions, Judge Shirley released Gallagher to the custody of her parents. She must abstain from alcohol and controlled substances, abide by a curfew and have no contact with a former male companion, also present in the courtroom.
“Please do not violate what I am asking you to do,” Judge Shirley emphasized.
Gallagher indicated her willingness to abide by the no-contact order if it helped her stay sober.
“I’m going to hold you to that,” said the judge. “I’m not Judge Stephens downstairs. The risks associated with where you’re at now are much greater.”
Judge Shirley ordered the drug court to tailor its services to the defendant’s special needs. He’ll sentence her on April 1, 2019.
Despite her jailhouse stripes and homelessness, Janeen Marie Kemp, 42, carried herself with confidence. She came to court from Sacramento, Calif. for arraignment on two charges – felony possession of a controlled substance (methamphetamine) and the unlawful taking of a vehicle, a gross misdemeanor.
Kemp pleaded guilty to possessing methamphetamine. She pleaded no-contest to the second charge. The law treats a no-contest plea the same as a guilty plea.
For drug possession, the defendant faces one to four years in prison, fines of up to $5,000 or a combination of both. Given the defendant’s lack of criminal history, she qualifies for mandatory probation, according to DDA Banks.
The theft charge carries a penalty of 364 days in jail, a fine of up to $2,000 or a combination of both. The offense also qualifies for a two-year probation term. Kemp may be required to pay restitution.
“Miss Kemp had a vehicle through a rental company and was in the process of taking it back when she got pulled over,” explained Kyle Swanson, her attorney.
Kemp gave the court some background information. She earned an advanced bachelor’s degree in technical management with an emphasis on accounting and a minor in business administration from Devry University, she said. However multiple surgeries for degenerative bone disease left her unable to work.
“I live and sleep in my truck,” she explained. “I was driving the rental car to Nebraska to pick up my vehicle.”
She brought along an acquaintance to defray the cost of fuel.
“I was nervous about having the gentleman with me,” said Kemp. She described her companion as a “known drug-addict and 51-50,” jargon for a person with mental illness. “That’s why I had the meth -in case he acted out and needed his so-called meds,” she said.
Kemp explained that, even with the turbulence of homelessness, she did not take drugs or use alcohol.
“I’ll be 50 in eight years, and I look good,” she said. “You don’t get this way by taking drugs.”
The judge ordered the Division of Parole and Probation to prepare a Presentencing Investigation Report. He released Kemp from jail on her own recognisance. She returns for sentencing on April 1, 2019.