Scott Riley Whiffen has been sent to prison for 12-34 months on two felony charges, one of which originated nine years ago. Whiff-en was arrested for possession of a controlled substance for sale in 2010 and failed to appear in court after posting bail on the charge, creating a second felony charge.
Whiffen pleaded not guilty to the possession of a controlled sub-stance for sale charge and awaited his fate at the hands of a jury in January. The jury heard the story of a large white cooler painted with spots resembling that of a cow found in the bed of Whiffen’s truck during a traffic stop in 2010. The cooler was filled with large bags of a plant-like substance that was later confirmed to be marijuana.
The jury found Whiffen guilty of possession of a controlled sub-stance for sale, a category D felony. In February, Whiffen also pleaded no contest to failure to appear after admission of bail, also a category D felony.
Whiffen’s attorney, Humboldt County Public Defender Matthew Stermitz recommended that the court place Whiffen on probation, given that he hasn’t been in trouble so much as a traffic ticket since the 2010 charge. Stermitz said that this was not the sort of case for which the state of Nevada would want someone incarcerated.
Prosecuting counsel, Humboldt County Deputy District Attorney Max Stovall asked the court to follow parole and probation’s recommendation of 12-34 months in prison.
At his sentencing hearing, Whiffen chose not to give a statement to the court for either of the cases. A plea agreement stipulated that Whiffen plea no contest to the failure to appear charge and legal counsel would recommend that the sentences in both cases run con-current.
The court ordered 12-34 months in prison on both cases, to run concurrent, with credit for time served of 218 days to be applied to the controlled substance time. Whiffen was ordered to pay a $25 administrative assessment fee, $60 forensic fee, $153 DNA collection and analysis fee and $1,200 public defender fee.
Sixth Judicial District Court Judge Michael Montero said that although this was a very old case, he considered the fact that Whiffen has four prior felonies with two prison sentences.
Taylor Jo Morrison
Taylor Jo Morrison pleaded guilty to a category C felony charge of attempted coercion, non-sexual earlier this year in January at the age of 21.
Morrison was originally arrested in July 2018 on domestic battery, sexual assault and burglary charges, with a total bail amount of $274,140
At a recent sentencing hearing in Sixth Judicial District Court, both attorneys representing the case recommended probation for the felony charge, in accordance with the signed plea agreement and the recommendation of the department of parole and probation.
Morrison was represented by William Routsis II, who said the case was one that he considers to be highly unusual.
“In mitigation it’s important to remember that there are two sides to every story, and then there is the truth,” said Routsis. “We don’t know what happened.”
Deputy District Attorney Anthony Gordon said the plea agreement reached was the most appropriate resolution to all parties given the circumstances.
“Morrison has admitted conduct and he has no prior record and we don’t anticipate it happening again, in light of the relationship he had with the victim, it doesn’t excuse the conduct,” said Gordon. “Pleading guilty to a felony acknowledges that he went overboard in this relationship. He’s a young man and I think a term of probation would be just.”
Morrison apologized to the court in his brief allocution statement and said he did not recall everything that happened on the night of the incident, but that “it was not right.”
Judge Michael Montero ordered Morrison to 12-34 months in pris-on for the felony charge, with credit for 42 days time served. Morrison was ordered to pay a $25 administrative assessment fee and $153 for DNA collection and analysis.
Montero followed the stipulations of the plea agreement, although he expressed concern in doing so with the nature of the charge.
“This is a case where you could have been spending a lot of time in prison, down to asking for probation,” said Montero. “I do hope that you will take this matter seriously and use this as an opportunity to improve your life.”
Morrison’s probation terms include obtaining a substance abuse evaluation at his expense within 30 days and following all recommendations of the evaluation if any, enrolling in and successfully completing anger management classes and abstaining from all sub-stances including marijuana and alcohol, and staying out of places where alcohol is the primary source of revenue, with the exception of the restaurant where he is currently employed. Morrison must al-so have full-time gainful employment as a condition of his probation or supplement employment with community service.
At a later sentencing hearing in Union Township Justice Court, Morrison pleaded guilty to domestic battery. He was ordered to 30 days in jail, suspended for one year. The court ordered $340 in fines and fees, 26 sessions batterers intervention counseling and 48 hours community service. The burglary charge was dismissed pursuant to plea negotiations.
Jeewan Krishna Nepal
Jeewan Krisna Nepal was granted a chance at avoiding two felony drug charges recently in Sixth Judicial District Court by successfully completing the terms of a diversion program, including successful completion of an adult drug court or substance abuse program.
Nepal was arrested in May 2018 in Humboldt County on multiple drug charges including trafficking, driving under the influence and speeding, with a bail set at over $68,000. In June 2018, Nepal’s attorney filed an application for treatment under Nevada Revised Statutes 458.290 and Nepal participated in a substance abuse evaluation to determine eligibility.
In November, 29-year old Nepal pleaded no contest to two felony drug charges, pursuant to a signed plea agreement and with hopes of receiving treatment for drug issues rather than a prison sentence. He pleaded no contest to one count of possession of a controlled sub-stance and one count possession of a controlled substance for sale, both charges for which he could face a prison sentence of one to four years and a $5,000 fine.
Nepal told the court he is currently a junior in college studying finance at Idaho State University. Humboldt County Public Defender Matthew Stermitz represented Nepal in court, stating that his client had left his family in Kathmandu, Nepal on a student visa to study finance, although his substance abuse issues have created some obstacles in that path.
“He (Nepal) is willing to receive treatment and wants to make a big change in his life,” said Stermitz.
Deputy District Attorney Richard Haas agreed that a need for treatment was acknowledged by the defendant, but said that he thinks Nepal seems to have a weakness in motivation.
Nepal told the court he has been an embarrassment to his family back home and wants to begin living a more healthy life.
“I feel very guilty for my stupid act and I’m trying to focus myself in school and have been working two jobs to pay for school,” said Nepal. “I have two more years until graduation and I want to be able to graduate and get a good job.”
After some questioning, Judge Michael Montero granted the application for diversion and outlined the requirements of the program. Nepal will be on formal probation for up to three years and is expected to successfully complete a drug court program in Idaho, or obtain a substance abuse evaluation and carry out the recommended treatment if not accepted into drug court.
Nepal will be subject to digital monitoring and is to abstain from all substances including alcohol, marijuana, and all controlled sub-stances unless prescribed by a physician and approved by his probation officer, and is not to be in bars, liquor stores, dispensaries, etc. He was ordered to pay a $250 public defender fee, $25 administrative assessment fee, $60 forensic fee and $3 DNA collection fee.
“If you successfully complete probation and terms then you will avoid felony conviction, if you don’t successfully complete it then you would be brought back to Nevada and sentenced on both felonies,” said Montero. “Please prove to your family and to the court that you can do this.”
