After being given multiple chances at completing probation on a 2018 felony burglary charge and not following the probation stipulations, 20-year-old Cullen Hume was sent to carry out an underlying prison sentence of 15-38 months.
Hume was arrested on felony attempted burglary in January 2018 and pleaded no contest to the charge in June.
At his original sentencing hearing, Hume asked Sixth Judicial District Court Judge Michael Montero to grant him probation but said that he did not want to complete the diversion program with drug court. By completing a diversion program, Hume would have had the opportunity to avoid having a felony conviction on his criminal record.
Montero granted Hume a 3-year period of probation on the charge in June and Hume said he planned to move to Elko to work and be around people who were a positive influence in his life.
Hume’s probation began in September and on Sept. 21 he was arrested on three counts of burglary, possession of stolen property and violating his probation terms.
At a September probation violation hearing, Montero ordered him to stay in custody at the Humboldt County Detention Center until the first week in November when he could be released and ordered Hume to immediately appear to begin the Humboldt County Drug Court Program.
In February 2019, Hume appeared before the court again and admitted to seven reported probation violations. His legal counsel, Alternate Public Defender Maureen McQuillan said that although her client violated the terms of his probation, no drugs or alcohol were involved and asked for his probation to be reinstated.
Deputy District Attorney Richard Haas pointed out to the court that while incarcerated, Hume attempted to spit on officers, giving him another gross misdemeanor charge.
Montero verbally reviewed some of Hume’s previous incidents with his temper and ability to manage his frustration and anger. The court ordered Hume’s probation to be reinstated, with the stipulation that he complete a six-month regimental discipline program (boot camp).
Hume verbally expressed that he would rather just go to prison and carry out the underlying sentence, but Montero reminded Hume that the court ruled that he would go back on probation and complete the discipline program.
On May 7, Hume was in court again for another probation violation plea hearing, where he admitted to multiple probation violations reported by the department of parole and probation.
Prior to the hearing on May 7, McQuillan advised the court that Hume wished to file a motion to withdraw the no contest plea to the original charge of attempted burglary on the basis of ineffective assistance from counsel, and that he wished to be assigned different counsel representation.
“I was convinced to sign a plea deal that I didn’t fully understand and now I have a prison term and felony hanging over my head and according to the NRS that I’ve read it should be a misdemeanor charge,” said Hume.
Montero said that if Hume wished to pursue that request, a Writ of Habeus Corpus motion would need to be filed with the court and since that had not been done, the court denied the request and proceeded with the violation plea hearing.
At the hearing, the department of parole and probation also requested that the 229 days credit for time served that Hume had accumulated be revoked on the premise that his behavior had been disrespectful while in custody. McQuillan objected to the request that his credit for time served be taken away and argued that there should be no “dead time.”
Montero verbally recounted the extensive history of Hume’s probation and lack of following requirements and told Hume that he would still get his credit for time served of 229 days and be remanded to the custody of the sheriff to serve the underlying 15-38 month sentence. Hume was also ordered to pay $385 owed to drug court for the time he did participate in the program.
“I’ve given Cullen Hume many chances and in allocution, I don’t hear you saying that you want to work on substance abuse issues or anger,” said Montero. “Good luck to you, I really do want to see you succeed.”
