In recent appearances in Sixth Judicial District Court, three individuals with drug-related charges were given the chance to complete a period of supervised probation to avoid underlying jail or prison sentences. Each of the individuals had unique circumstances or reasons for asking to be placed on probation rather than facing time incarcerated.
Stratford Brian Jones
Stratford Jones, age 20, previously pleaded guilty to conspiracy to possess a controlled substance, a gross misdemeanor after being arrested in March 2018.
Jones was sentenced to the maximum jail time for a gross misdemeanor, 364 days, with 40 days credit for time served. The court ordered a $2,000 fine, $250 public defender fee, $153 DNA collection and analysis fee and $25 administrative assessment fee.
The jail sentence was suspended and Jones was placed on probation for 18 months with standard conditions. Sixth Judicial District Court Judge Michael Montero explained to Jones that he won’t have to do another minute in the county jail for this case if his court-ordered fees and fines are paid, but that he has the ability to put Jones back in jail if he chooses not to pay.
Jon Simpson
Jon Simpson entered the courtroom carrying an underlying prison sentence of 19–48 months from a 2017 conviction of possession of a stolen motor vehicle, a category C felony. Although Simpson’s original charge was not for drugs, the instances in which he admitted to probation violations both concerned controlled substances.
Simpson admitted to six separate probation violations from November 2018 and asked to be placed back on probation rather than sent to carry out the underlying sentence. Probation violations included prohibited intoxicants, directives and conduct, maintaining employment and paying court-ordered fees.
Simpson’s legal representative, Humboldt County Public Defender Matthew Stermitz told the court, “he did make some progress but had a slip-up but that’s why we have probation and that’s why we ask for reinstatement.”
This isn’t the first time Simpson has asked to be reinstated on probation. He was reinstated on probation in March 2018 after admitting to multiple probation violations including intoxicants, controlled substances, lack of employment, non-payment of fines and fees after being arrested for drinking and fighting.
Simpson told the court his intention is to start attending Alcoholics Anonymous (AA) meetings, move into town, stop drinking and find a job. The 38 year-old admitted to never having a formal job, identification, birth certificate or social security card.
Montero said he wasn’t sure how Simpson would be able to succeed without significant assistance, and not sure the likelihood of success even with assistance. Simpson’s probation was reinstated with the added condition that he successfully complete the adult drug court program as part of his conditions of probation.
“If you don’t follow these rules you’re going to be right back here again in orange and white and you're going to go to prison," said Montero.
Hailey Brenneck
Hailey Brenneck, 20 years-old, pleaded guilty to a February 2018 charge of trafficking a controlled substance level two, a category B felony.
Brenneck’s legal counsel, Humboldt County Alternate Public De-fender Maureen McQuillan asked that the court suspend Brenneck’s mandatory prison sentence and allow her to complete probation, pointing out to the court that her client has been sober since she was released from custody, has been working through recovery efforts, has a supportive job and home environment and has money to pay toward fines.
“I never thought I’d get clean, I never thought I’d be this far in my life, I never thought I’d hold a job long enough to have a job,” said Brenneck. “I’ve never been this far and I hope the consideration is probation because I know I can make it. In December I completed a drug program that was 11 months long, I just know I can make it, I just need this chance.”
Brenneck was sentenced to 28–72 months in the Nevada Department of Corrections with 25 days credit for time served. The court ordered a $2,000 fine, $1,000 public defender fee, $153 DNA collection and analysis fee, $60 forensic fee and $25 administrative assessment.
Based on factors discussed in numerous open and closed court sessions, the prison sentence was suspended and Brenneck was placed on probation for five years with standard and special conditions.
Standard conditions of probation include prohibition from alcohol, narcotics, bars, cocktail lounges, over the counter medications containing alcohol without a prescription including marijuana. As an additional condition of her probation, Brenneck was ordered to have an assessment and follow any recommendations of the assessment.
“I just hope that you can fully appreciate the significance of today’s sentence and take advantage of this in the way you live the rest of your life,” said Montero.
