The Pershing County 11th Judicial Court met on Monday, Aug. 3. The DA’s Office returned from quarantine. Clerk of the Court Carole Elerick checked temperatures before allowing people in the courtroom. Under the Governor’s mandate, all parties wore face masks and practiced social distancing.
Jennifer Marie Montes, 38, pleaded guilty to one count of embezzlement, a Category C felony. She admits to embezzling funds from the local girl’s softball club. Montes faces the possibility of one to five years in prison and fines of up to $10,000. She’s eligible for probation at the judge’s discretion.
Before accepting a guilty plea, the judge routinely asks each defendant to state what they did wrong.
Attorney Steve Evenson spoke on behalf of his client.
“In a series of transactions over the course of June 2017, my client used a credit card that was for an organization here in Lovelock for personal expenses,” he said. “That amount exceeds the jurisdictional minimum necessary to charge for this offense, and because the bank and the organization were based in Pershing County, this is the proper jurisdiction.” Montes agreed with the statement’s accuracy.
According to the terms of the plea agreement, she must pay $11,995.11 in restitution before sentencing, set for Oct. 19.
As part of the global settlement, Evenson and DA Bryce Shields resolved a second allegation of embezzlement. Montes must pay an additional $1,200 in restitution for that offense. Her lawyer said there might be some deductions.
Jessica Marie Hamilton, 36, of Reno, pleaded guilty to possessing a controlled substance, MDMA, last summer at Burning Man. The Category E felony is punishable by one to four years in prison and fines of up to $5,000.
In exchange for the guilty plea, the DA agreed to eliminate charges of drug trafficking and possession of a controlled substance for sale. Hamilton consented to placement in a diversion program. Her probation will not exceed three years. The judge deferred sentencing and exonerated the bail bond.
Stephanie Lorraine Mobley-Roth, 49, entered a change of plea. Earlier, at her arraignment, she denied felony possession of a controlled substance and stolen property. On Monday, she pleaded no-contest to an attempt to commit a crime, a gross misdemeanor and legal fiction.
In no-contest pleas, a defendant acknowledges the State could prove the allegations against them. They still receive a conviction and punishment but do not admit guilt.
In exchange for the plea, the DA’s office recommended six months of court-supervised probation and dismissed some of the original charges. The judge also ordered the Humboldt and Pershing County Sheriff’s office to return property that belongs to the defendant. He scheduled a follow-up status hearing for Feb. 1.
Brandy Summer Rodriguez was not present for her arraignment hearing. Her attorney, Tammy Riggs, now serves as a judge on the Reno Municipal Court bench. Judge Shirley postponed the hearing until Aug. 17.
Sentencing
Anita Fay Eveland, 31, of Reno, came to court represented by Paul Wolf. She faced sentencing for damaging a patrol vehicle in Sept. 2019. Both sides of the bench characterized the act as an anomaly for Eveland, uncharacteristic of her personality or behavior.
“Miss Eveland ingested some narcotics and made poor choices,” said Wolf. DDA Banks noted that law enforcement “acquitted themselves admirably at a time of increased scrutiny of police.” The defendant sent letters of apology to the arresting officers.
Judge Shirley gave the defendant 364 days in jail, suspended, on each of two counts. She has six months to pay $1,100 in restitution. Under the new statutory time frame, her probation will not exceed one year. The judge ordered Eveland to get a substance abuse evaluation and follow its recommendations.
Other hearings-
Judge Jim Shirley allowed Amy Christine Fritz to participate in her eligibility hearing over the telephone. She comes from the Bay Area but sublet her apartment and moved to Michigan due to financial difficulties exacerbated by the coronavirus. Andrew Bunn, a Reno attorney, came to court on Fritz’s behalf.
“The court received an email from you indicating problems complying with the out-of-state-drug-court program. Now we’re at the eligibility hearing. My question is, do you have the resources and ability to participate in the diversion program?” asked the judge.
“It’s been difficult, but I have to try, or I’ll lose my career,” Fritz replied. “I’d like to shift from testing three times a week to random testing, so I’m not so exposed to COVID, since I’m a single mom with two kids trying to work full time.”
Fritz said that, in the Bay Area, random drug testing costs $2,000 a month, about $150 per test, not counting babysitting and transportation. “There are only two places that do it,” she explained.
“Frankly, the price you’re paying for testing is a surprise to me because nobody has complained to me before, and I know at $2000 a month a lot of people would complain,” said DDA Todd Banks, adding that the drug court had numerous clients in the Bay Area.
“You need to decide if you want to commit to this program and if so, you need to start fulfilling your obligations in Michigan where you’re at and, in the event you decide to move back to Calif., make transitional changes and do it there,” he added.
Myra Paredes coordinates Pershing County’s out-of-state drug court program. She said Fritz’s contact with her office has been spotty.
The judge and DDA reminded Fritz that the Pershing County Out of State Drug Court is not a “cafeteria program.” The judge noted that the original charges included trafficking, Nevada’s most serious drug offense with mandatory prison time.
After a private conference with her attorney, Fritz said she’d cooperate with treatment, testing and payment of fees.
Dylan Michael Garretson, 24, came to court for a sentencing and eligibility hearing. His attorney, Steve Cochran, noted that Garretson is already attending drug court and “doing phenomenal in the face of roadblocks and obstacles.”
Frederick Alestine Goodenough consented to a diversion program. He’ll serve probation for up to three years. The judge suspended the proceedings.
Probation violation hearing
Chealsey Breanna Turner, 27, came to court from the county jail, represented by Kyle Swanson. She faced a probation violation hearing. Swanson asked the judge to reinstate Turner on probation. Banks said he did not feel comfortable recommending anything but the imposition of the original sentence. He cited a behavior pattern that included absconding from a treatment facility with another Pershing County drug court participant.
“Please don’t send me to prison,” Turner told the judge before sentencing. “I know I messed up before, and I lied, and I panicked. This time I’ve definitely had a change of heart. That’s why I turned myself in. I now have a supportive family and the motivation to stay clean – things I did not have before.”
The judge sentenced Turner to 60 days in jail, from Aug. 3 until Oct. 3. After she serves her time, he’ll dishonorably discharge her from probation. He ordered that she receive prenatal care, including vitamins, while in jail.
COURT DISPOSITIONS
Items in the Court Dispositions are compiled from public records submitted by the Lake Township Justice Court. The Lovelock Review-Miner reports all felony hearings, misdemeanor convictions and dismissals for which the court releases information. When requested by the individual, the Miner will post the person’s mug shot with their court disposition.
Aug. 4
Anna Dmitrievna Rudakoa pleaded guilty to Drugs Which May Not Be Introduced Into Interstate Commerce. Sentence: Fine $1,140.00. Possession of a Controlled Substance – Dismissed by DA.
Michael James Singleton pleaded guilty to Breach of Peace. Sentence: Fine $1,140.00.