Sentencings and status hearings crowded the morning’s docket. The 11th Judicial District Court met on Monday, March 18.
Judge Jim Shirley presided.
DDA Todd Banks argued on behalf of the State of Nevada. Public Defender (PD) Steve Cochran, Kyle Swanson and Jenny Hubach, from Reno, represented clients. Lisa Brannon came from the Division of Parole and Probation.
Zoie Williams’ fingertips dashed across her stenotype machine a mile a minute. Bailiff Jack Arries kept an eye on safety. Carol Elerick swore in each defendant.
That morning, seven men promised to “tell the truth, the whole truth and nothing but the truth so help them God, under the pains and penalties of perjury.” Four came from jail. Three arrived under their own steam.
Phillip Libacao Ursua, from Lovelock, faced sentencing. Jenny Hubach defended him against charges of battery.
“This incident was out of character for my client,” she said. “He lives locally; he’s been here for some time, and, since 2011, he’s been employed at the same place.”
Hubach argued that the state could not have proven the original charges (battery with strangulation) beyond a reasonable doubt. “But rather than go to trial, Mr. Ursua accepts responsibility for his actions.” She concluded with a request for probation.
The DA’s Office documented multiple attempts to notify the victim of the sentencing hearing, but they received no reply, said DDA Banks.
He added that while there were several witnesses to the incident, their descriptions of the altercation varied widely – from the original charges down to “a scuffle between two grown men.”
Before the judge passed sentence, the defendant spoke.
“My intuition at that time was self-defense,” said Ursua. “I want to move forward – and take care of my wife who I’ve been with for over 20 years. I’ve been in this community for 12 and a half years. Again, I apologize.”
Judge Shirley sentenced Ursua to 240 days in jail with one day’s credit for time served. He suspended the sentence, imposing probation of up to three years.
The judge had a question for the next defendant.
“If I had you drug tested right now, would the test come back clean?” he asked Tyler James Staas at his arraignment on charges of possessing a stolen vehicle.
The defendant replied that the test would come back dirty.
“I need you clean and sober for your arraignment,” said the judge. He directed Staas to the Sheriff’s Office for a UA (urinalysis). Eler-ick rescheduled the hearing for April 1. The PCSO will also test Staas the morning of his next arraignment.
David Howard Roberts came to court from Calif. for a sentencing hearing.
“This is a mandatory probation situation,” said PD Cochran. “Mr. Roberts did have in excess of one ounce of marijuana- about three ounces - when he was pulled over here in Pershing County.”
“But my conclusion, as well as the conclusion of the Division of Parole and Probation, is that this is best handled with a fine and in-formal probation.”
DDA Banks agreed that the case qualified for mandatory probation. But, citing a criminal history dating back to 2000, the DDA argued for formal probation with conditions.
“I just want to get this behind me and move on,” said the defendant, currently employed at a bed and breakfast inn in Calif.
When Roberts got pulled over, he possessed a firearm, noted the judge.
“Given your criminal history as an ex-felon, you were not allowed to possess a firearm,” he said.
Judge Shirley gave Roberts 12-32 months in prison, suspended, with probation not to exceed five years. Once accepted by the Inter-state Compact, the defendant will serve out the sentence in Calif. Also, he has six months to pay $238 in court fees.
Roberts must abstain from alcohol, marijuana and controlled sub-stances during the entire term of his probation. A missed drug test is considered a dirty test, the judge explained.
If Parole and Probation determine the defendant violated probation, they have two options. They can, with his consent, put him on house arrest with electronic monitoring.
If Roberts does not consent to house arrest, they can bring him to court to face possible revocation and imprisonment.
On Monday, March 18, Sheriff’s Officers brought four defendants to the Pershing County courthouse.
Previously, Joseph Carl Baker pleaded guilty to possession of a controlled substance, a felony. The 11th Judicial Court also convicted him of possessing a dangerous weapon (brass knuckles), a gross misdemeanor.
At Monday’s sentencing, PD Cochran explained that Baker sustained a physical injury in the past. A physician prescribed opiates. Use spiraled into a full-blown addiction.
“Mr. Baker asks to be allowed to use medicinal marijuana,” added Cochran.
For the brass knuckles, the judge gave Baker 124 days in jail with 124 days credit for time served. “That sentence is discharged,” he said.
For drug possession, the judge sentenced Baker to 12-32 months in prison, suspended, with probation not to exceed five years.
The judge allowed medical marijuana, but Baker must not consume more than the amount prescribed. The Division of Parole and Probation will track the levels of the drug in the defendant’s system.
Jessie William Houston admitted to several probation violations.
Most stemmed from a traffic stop in Oregon last summer. At the time, Houston was on probation for drug charges in Pershing County, NV., and did not have his probation officer’s permission to leave the state.
According to court documents, on Aug. 4, 2018, an Oregon State police officer patrolled I-84. The officer observed a gold Mercedes weaving through traffic, and pulled the vehicle over.
The driver, Houston, looked nervous and his eyes were red, said the report.
A search uncovered marijuana and a white powdery substance. The defendant admitted it was MDMA (Ecstasy).
More searching turned up LSD, a military grade gas mask, two port-able electronic scales, hypodermic needles and other paraphernalia.
A Wasco County Oregon court convicted Houston on felony drug charges. The judge imposed two years of probation.
“Since the day of my arrest, I’ve been clean and sober,” said Houston. According to court documents, the defendant obtained treatment at Bridges to Change in Oregon.
“The same day Mr. Houston heard about the Pershing County war-rant, he turned himself in and has been in custody here for 40 days,” said Cochran.
DDA Banks asked the judge to impose the original sentence of 12-32 months in prison. Banks described what he saw as a pattern of noncompliance dating back to the defendant’s Burning Man arrest in 2015.
The judge gave Houston 12-32 months in the Nevada Department of Corrections.
“I struggled with this decision because you’re doing well on probation,” he said.
But the defendant’s history compelled the judge to revoke probation and impose the original sentence.
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Todd Anthony Kersnowski faced a hearing related to a 2018 assault. Kersnowski admits to physically lashing out at family members last Christmas day. Kyle Swanson represents the defendant.
According to court records, mental health professionals began weaning Kersnowski off psychotropic drugs last November. By the day of the assault, he was entirely off his meds.
Kersnowski’s been in jail going on three months and is back on medication. His family remains supportive.
On Feb. 20, 2019, Judge Shirley postponed Kersnowski’s probation violation hearing. He ordered a mental health evaluation and remanded Kersnowski to custody.
As of Monday, Kersnowski still waited for an evaluation. Kyle Swanson explained some of the roadblocks, both financial and logistic, he and the Kersnowski family ran into arranging one.
In the course of the court day, New Frontier told Swanson they could evaluate the defendant in their Lovelock office through Tele-health “fairly soon.”
Once again, the judge remanded Kersnowski to custody. He’ll re-turn to court on April 1.
“I’m trying to make sure Mr. Kersnowski has a fair process, and I need more information,” said the judge.
Sheriff’s Officers brought Jose Ignacio Bernal-Pena to the 11th Judicial court for sentencing for the possession of a stolen vehicle. At his side, Chris Houghton translated between Spanish and English.
The theft occurred in the San Francisco Bay area just before Thanksgiving 2018. Bernal-Pena crashed the stolen car in Imlay, NV.
The victim, a Bay Area resident, recovered his property and chose not to attend the hearing, said DDA Banks as he introduced two exhibits.
The first exhibit came from the Department of Homeland Security (DHS) – an immigration and detention notice. An ICE officer emailed the second document. It said Bernal-Pena was subject to deportation – and had been deported three times in the past.
The judge gave Bernal-Pena 12 – 36 months in the Nevada Department of Corrections with 116 days credit for time served. After-ward, he’ll face deportation with possible federal charges if he re-turns.