Judge Jim Shirley presided over the 11th Judicial Court on Tuesday, Feb. 19. DDA Todd Banks represented the State of Nevada. PD (Public Defender) Steve Cochran, Kyle Swanson, Jesse Kalter and Richard Davies argued on behalf of their clients. David Houston participated telephonically.
Christopher Patrick Green, from Wisconsin, faced sentencing for transporting a controlled substance. Jesse Kalter defended him. The State, represented by DDA Banks, agreed not to oppose Green’s application for a 458 diversion program.
Kalter noted his client initiated contact with the Front End Intervention and Treatment (FIT) in Chippewa County, Wisconsin, - a 12-24 month diversion program for nonviolent offenders with substance abuse problems.
The judge granted Green’s request. His probation will not exceed three years.
Kristopher Lee Gordon Jaye, 36, from Calif., pleaded guilty at his arraignment for the possession of a controlled substance, LSD. According to DDA Todd Banks, the felony is punishable by one to four years in prison, fines of up to $5,000 or a combination of both.
However, if Jaye has a clean criminal record, he qualifies for mandatory probation. Richard Davies represented the defendant.
Jaye admitted that he brought LSD to Burning Man on Aug. 29, 2017. The judge sentences him on May 6, 2019.
Jerry Lindsay Bokori was honorably discharged from probation after completing all the court’s requirements. The judge dismissed his charges.
Sheriff’s officers brought Dale Al Happy Jr. to court from jail. He’ll face a probation violation hearing on March 4. Kyle Swanson represents Happy.
Two years ago, on May 1, 2017, the 11th Judicial court sentenced Todd Anthony Kersnowski to 12 – 48 months, suspended, for assault with the use of a deadly weapon. Judge Shirley granted probation, not to exceed five years.
On Tuesday, Kersnowski, 41, came to court from jail for a probation violation hearing. Kersnowski admitted to the allegations, which include acts of violence against close family members. Kyle Swanson represents the defendant.
Swanson gave the judge documentation of his client’s completion of an anger management course. He also provided information about his client’s psychotropic medications. But the bulk of “Exhibit A” consisted of character letters.
The family united in the courtroom to show their support.
“The last thing they want is for him to be revoked and sent to prison or jail,” said Swanson.
He noted that a physician began tapering his client’s psychotropic medication last Thanksgiving. By Christmas Day, when the incident occurred, Kersnowski was completely off the regimen.
Swanson asked the court to reinstate the client’s probation.
“His children do not want him going to prison,” said the defense attorney. “He’s proven to the court that he can do well on probation. That’s what his family wants, including the victim.”
DDA Banks disagreed.
“When he’s medicated and supervised Mr. Kersnowski is an asset to the community,” he said. “But here we are again, this time with a domestic violence incident. My question for the court is, ‘When is enough enough?”’
He expressed empathy for the defendant and his family, but asked the court to revoke Kersnowski’s probation and impose the underlying sentence.
Kersnowski exercised his right of allocution.
“I’m ashamed of my actions on Christmas day,” said Kersnowski. “That’s not how I normally behave – that’s not in my heart. I’d like to make things right with my family.”
The judge ordered a mental health evaluation, remanded Kersnowski to the custody of the Sheriff’s office and continued the hearing until March 18.
Feb. 19
Christa Lea Dunbar pleaded guilty to battery. Sentence: $355.00. Defendant is to serve 10 days in jail with credit being given for 1 day time served. Balance suspended for 6 months under the conditions that there be no similar violations or violation of laws other than minor traffic offenses and that the defendant pays her fees.
Feb. 22
Ryan Anthony Perez pleaded guilty to driving under the influence of intoxicating liquor, First Offense. Sentence: $685.00. DUI school. Victim Impact Panel. Breath Ignition Interlock Device installed in any vehicle he owns or operates for a period of not less than 185 days. Serve 30 days in jail with credit being given for 2 days time served. Balance of 28 days is suspended for 12 months under the conditions that the defendant has no violation of laws other than minor traffic offenses and that he complies with sentencing requirements.
The 11th Judicial Court arraigned Lavell Johnny Wright, 60, on two felony charges of distributing controlled substances, cocaine and methamphetamine. Wright pleaded guilty to bringing the drugs into Pershing County on Jan. 2, 2019. Steve Cochran represented him.
According to DDA Banks, Wright faces one to six years in prison, fines of up to $20,000, or a combination of both on each charge. He’s eligible for probation at the discretion of the court.
Wright rocked from side to side and cried during the proceedings.
The judge acknowledged that arraignments could be upsetting.
“I would note for the record that you’re kind of upset,” he said. “Do you need more time to think about what you’re doing here today?”
Wright indicated his willingness to move forward.
“I just want to get it over with,” he said.
The judge ordered the Division of Parole and Probation to prepare a presentencing investigation report. He’ll sentence Wright on April 15.
He remanded the defendant to the custody of the Pershing County Sheriff’s Office.
Fred Willis Clark, from San Diego County, came to court for a show cause hearing. The Division of Parole and Probation petitioned the court to dishonorably discharge the defendant from probation.
In 2015, the court gave Clark a suspended sentence of 12 – 32 months in prison for possession of a stolen vehicle. The judge granted probation not to exceed five years.
The judge reinstated the defendant’s probation. He’ll complete his sentence in Calif. under the Interstate Compact.
The court held a status hearing to determine if Michael M Schiff, not present in the courtroom, was current on his financial obligations to the court. Schiff’s lawyer, David Houston, participated telephonically.
The court dismissed the charges against the defendant.
Yuriy Vasilievich Litvinchuk, from Calf., came to court from jail for a continued sentencing hearing. He previously pleaded guilty to two counts of possession of a controlled substance.
At his last sentencing hearing on Feb. 4, Litvinchuk admitted to using heroin the night before. The judge sent him to jail to make sure he could fully participate in the court proceedingss.
For count one, the judge gave Litvinchuk 12-32 months in prison suspended. His probation will not exceed five years. He must pay $238 in court fees.
For count two, the judge gave him 12-30 months NDOC to run consecutively with count one. He ran the probation concurrent with the other charge.
Litvinchuk must complete a substance abuse evaluation within 30 days and abide by its recommendations whether for inpatient or outpatient treatment.