In Sixth Judicial District Court, two women were given the chance to avoid felony convictions by completing the Humboldt County Drug Court Program with formal probation and one man was sent to carry out an underlying jail sentence after admitting to several violations of his probation.
Alexis Tafoya
Alexis Tafoya admitted to one count of possessing heroin, a schedule one controlled substance in Humboldt County, a category E felony.
Potential penalties for the offense include 1-4 years in prison and up to $5,000 fine. Probation is mandatory under most circumstances for this type of offense.
Tafoya and her attorney, Humboldt County Alternate Public Defender Maureen McQuillan asked the court to give Tafoya the opportunity to complete a diversion program to avoid a felony conviction as she isn’t even 20 years old.
Tafoya said she also had a pending DUI case that she had already completed most of the requirements for.
McQuillan told the court her client is a good candidate for diversion as she needs the help and is ready to work through the program. Tafoya said she will be able to work on her parents’ ranch and other business while in the program.
Deputy District Attorney Kevin Pasquale said he also would recommend drug court for Tafoya considering the choices she has made thus far and how young she is.
“You know as well as I do that she (Tafoya) has been on the fast track to destroying her life, I would hope that the court would suspend her proceedings and put her into drug court,” said Pasquale.
During her allocution statement to the court, Tafoya thanked the court for the opportunity she had been given and said she is grateful for whatever the court chooses to do.
“I have been going down the fast track to ruining my life and at this point I know it’s either prison or death and I don’t want to do that to my family,” said Tafoya.
Tafoya also said that when she was first released from being arrested she was staying away from her family, something she felt contributed to her failure in participating in the pretrial services that were ordered as part of her release. She said she now plans to stay close to her family and actively participate in her treatment and recovery programs.
Sixth Judicial District Court Judge ordered the sentencing to be suspended and ordered Tafoya to be placed on formal probation for a period of three years with the condition that she complete the Humboldt County Drug Court Program and abstain from the use, purchase and consumption of alcohol, marijuana and controlled substances, along with not being in any establishment where they are the primary source of revenue.
Upon successful completion of the drug court program, fines paid and all other conditions of the probation, Tafoya will be able to return to court and withdraw her guilty plea from the felony charge.
Tafoya was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee and $250 public defender fee.
“You are pretty observant of where you are in life and I hope this outlook is something you can sustain,” said Montero. I want to see you back here in three years, maybe sooner when you’ve successfully completed your probation and when you have a substantial amount of clean time.”
Christianna Hume
Christianna Hume pleaded guilty to one count category B felony burglary. She faced a sentence of up to 10 years in prison and a $10,000 fine with eligibility for probation in a recent sentencing hearing.
Hume and her attorney presented an application for treatment and diversion at the sentencing hearing, asking the court to allow Hume to complete a period of formal probation and the Humboldt County Drug Court Program and give her a chance to avoid prison time and a felony conviction at 22 years old.
Deputy District Attorney Kevin Pasquale said that the state did not oppose the diversion program for Hume.
Hume told the court that being on drug court as a part of her pretrial release conditions has helped her and that she had learned a lot from her participation thus far and asked to continue the program.
“I like the structure and guidance,” said Hume. “I think it would be the best for my treatment and recovery to be a part of this program.”
The court made the finding that Hume is a drug addict based on an evaluation completed by a licensed practitioner, which is a required finding for anyone to be eligible for the diversion program pursuant to chapter 458.
Sixth Judicial District Court Judge Michael Montero granted the diversion application for Hume, ordering a three year period of formal probation with the stipulation that she successfully complete the 18-month Humboldt County Drug Court Program.
Hume was ordered to abstain from the purchase, consumption or possession of alcohol, marijuana and controlled substances, as well as being prohibited from being in bars, liquor stores, casinos, smoke shops, vape shops and all places where alcohol is the primary source of revenue as a part of her probation requirements. Montero said Hume would also be subject to digital storage media monitoring as a condition of her probation.
Hume was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee and $250 public defender fee. Restitution was not ordered as a part of the sentencing hearing.
“Miss Hume, what this means for you at a young age is that it affords you the opportunity to have this matter dismissed if you successfully complete your probation,” said Montero.
Bryce Lemonds
Bryce Lemonds, age 23, was recently arrested after the department of parole and probation filed a violation report stating he had violated nine conditions of his probation.
Sixth Judicial District Court Judge Michael Montero said that Lemonds had been convicted of a gross misdemeanor injury to or destruction of property charge in January 2018 and sentenced to 364 days in jail, with the sentence suspended on the condition he completes three years of probation.
In a probation violation hearing, Lemonds admitted to violating all nine reported terms of his probation, including reporting, directives and conduct, laws, employment, fees and financial obligations.
Lemonds was also subject to paying $3,781 to the McDermitt High School as restitution, which he had failed to do.
“I don’t think you have any choice but to revoke his probation at this time, give him his 179 days credit for time served and send him to jail,” said Deputy District Attorney Kevin Pasquale.
When given the opportunity to make a statement to the court regarding the desired outcome of the hearing, Lemonds declined to make any comment.
Montero ordered Lemonds’ probation revoked to carry out the underlying jail sentence of 364 days, with 179 days credit for time served.
Lemonds was also ordered to pay $382.20 to the state of Nevada for extradition costs from California to Nevada, per a request by the department of parole and probation.
“I’m reading this file and violation report and you haven’t done much,” said Montero.