Two men recently pleaded guilty to Nevada category B felonies in Sixth Judicial District Court. One was sent to carry out a mandatory prison sentence and the other was given the chance to avoid prison and a felony conviction by completion of a drug court diversion program.
Joseph Lee Hadd
Joseph Lee Hadd, a 28-year old resident of Winnemucca pleaded guilty to the category B felony charge of burglary and was granted a diversion program that would allow him to withdraw the guilty plea and avoid a felony charge on his record.
Hadd admitted to entering a residence in Humboldt County on May 12, 2019 unlawfully with the intent to commit grand or petit larceny. He faced up to 10 years in prison and a maximum $10,000 fine with the eligibility for probation.
Hadd’s attorney, Humboldt County Alternate Public Defender Maureen McQuillan told the court that her client had a very limited criminal history and that this would be his first felony.
“He has been engaged in counseling and truly wants this program, I would ask that you order diversion,” said McQuillan to the court.
Deputy District Attorney Anthony Gordon said that the state did not oppose the diversion program and that reports indicated Hadd showed some problems with drug use.
“I think a program of treatment would probably be beneficial in this case,” said Gordon.
Hadd expressed gratitude and progress in his allocution statement to the court.
“Thank you for putting me in pretrial services,” said Hadd. “I’m doing a lot better now, I’m working and have a car; I want to get my life back.”
Sixth Judicial District Court Judge Michael Montero said that Hadd is a good candidate for diversion with the drug court program as a problem with addiction was indicated in reports submitted to the court.
He granted Hadd the diversion program with the requirement that a three-year formal probation be completed with special conditions, along with the 18-month Humboldt County Adult Drug Court Program.
Hadd was ordered to pay a $3 DNA collection fee, $25 administrative assessment and $250 public defender fee. No restitution was ordered in the matter as Montero indicated that the court didn’t have proof of money owed to the victim.
As part of the conditions of his probation, Hadd was ordered to maintain gainful full-time employment, abstain from contact with the victim for the time of probation and abstain from the use, purchase, possession and consumption of all over-the counter medications without a prescription and approval, marijuana, alcohol, narcotics and any substance, solvent or inhalant.
He was also ordered to stay out of all bars, liquor stores, vape shops, smoke shops and any establishment where alcohol is the primary source of revenue. He will also be expected to comply with a digital storage media monitoring rule, giving permission for supervising authorities to access all of his digital media storage.
If Hadd fails to complete any or all of the requirements of his probation and the diversion program, the court could rescind the diversion program, convict him of the category B felony and give him a sentence within the requirements of the Nevada Revised Statutes.
James Paul Franklin
James Paul Franklin, a 52-year-old resident of McDermitt, admitted to driving under the influence (DUI) of alcohol with two prior convictions in the past seven years, a category B felony. Franklin was arrested on October 20, 2018 in Humboldt County with a reported blood alcohol content at 0.235 grams per milliliter.
A third-time DUI in Nevada carries with it a mandatory prison sentence of one to six years, with no probation or suspended sentence, except in certain circumstances. McQuillan represented Franklin in the case said that she had talked with her client about filing an application for the DUI diversion program, which would allow him to receive treatment rather than prison, but said that his residency on federal land presents a difficulty with traveling to treatment and with home visits that would need to be completed by the department of parole and probation.
McQuillan asked the court to impose a minimum prison sentence in the case and said that Franklin has been aware of the mandatory penalties of this offense and that he accepts complete responsibility.
Gordon said in reading the presentence investigation report that Franklin had a sporadic work history and that he hopes the mandatory prison sentence allows him to acquire more skills that allow him to contribute to the community.
Franklin told the court that he has been a firefighter for 29 years and had worked at a mine for a few years.
“I leave my house and I go to work, I’m sorry I did wrong. I know not to do stuff like that anymore,” said Franklin. “I would like to start on my sentence; I’ll be in and then I’ll be out and go back to fighting fires.”
Montero said that in the ten plus years he’s been on the bench, he doesn’t know that he’d ever had a defendant so willing to come to court and accept responsibility for it, even when it’s a mandatory prison sentence.
“I think that’s why I sense in the courtroom today, maybe it’s a sense of sadness in the situation,” said Montero. “...I think everybody sees you in this unfortunate situation but at the same time I have to give you some credit; you know what you did, you didn’t try to come in here and try to deny or dispute it, you accepted it and I think that shows the quality of a man but it unfortunately doesn’t allow me to deviate from what the state requires for this type of offense.”
The court ordered Franklin to the minimum prison sentence of 12-36 months along with $153 DNA collection and analysis fees, $25 administrative assessment, $60 forensic fee and $35 civil penalty to the DMV. The public defender fee was waived in the matter and Franklin was given credit for five days time served toward the prison sentence.
Prior to having his license reinstated, Franklin will also be required to have a breath interlock device installed in his vehicle for one year per Nevada Revised Statute.
