Anthony McKinney was ordered to complete the Humboldt County Drug Court program as a part of a diversion program and formal three-year probation required to avoid a felony charge.
McKinney, age 27, recently pleaded guilty to possessing both methamphetamine and heroin in Humboldt County on December 17, 2018, a category E felony charge.
The felony charge has a potential penalty of one to four years in prison and up to $5,000 fine. Probation for a category E possession of a controlled substance felony is mandatory under most circum-stances in the state of Nevada.
Prior to McKinney’s sentencing hearing, he was participating in the Humboldt County Drug Court program as a condition of his release from jail. He stopped appearing at required sessions with the court and fled to Washington from where he had to be extradited back to Nevada to continue court proceedings.
As a part of his sentencing, McKinney was ordered to pay $3,508 for the cost of the extradition.
McKinney’s attorney, Humboldt County Alternate Public Defender Maureen McQuillan told the court that this was her client’s first adult felony charge and that he would like the opportunity for treatment by participating in a diversion program.
Deputy District Attorney Richard Haas did not object to the rec-ommendation presented by McQuillan.
McKinney gave an apology to the court and asked for treatment.
“I’m sorry for running from you guys and I should have stayed here and done what I was supposed to do,” said McKinney. “I want the program because then I know that I’ll stay clean and sober.”
McKinney said he had never participated in any kind of substance rehabilitation program, despite reporting methamphetamine and heroin usage since the age of 18 in a pre-sentencing investigation report.
Sixth Judicial District Court Judge Michael Montero ordered McKinney to be placed on probation for three years with no alco-hol or controlled substances and the requirement of completing the Humboldt County Adult Drug Court Program.
If successful in completing the requirements of his probation, McKinney will be allowed to return to court and rescind his guilty plea and avoid a felony conviction.
In addition to the extradition fees, McKinney was ordered to pay a $3 DNA collection fee, $25 administrative assessment, $60 forensic and $250 public defender fee.
“Mr. McKinney I’m going to give you a chance at drug court, if you mess this up though you’re likely to end up in prison so this is your one shot at community supervision,” said Montero.
