The Pershing County 11th Judicial District Court met on Monday, Aug. 17, with Judge Jim Shirley presiding. I
n a few days, the California wildfires would hide Lovelock’s view of the mountains, fill the air with smoke and create a sense of claustrophobia, but on Mon. the skies were clear.
Temperatures soared to the triple-digits. Inside the courtroom, the defendants and their attorneys wore masks.
Jake Owen Bokori, 22, pleaded not guilty to battery with substantial bodily harm, a category C felony. If the prosecution, represented by DDA Todd Banks, proves its case, Bokori faces the possibility one to five years in prison, fines of up to $10,000 or a combination of both. It is a probation-eligible offense.
The allegations stem from an incident that happened at C-Punch on Sept. 26, 2018. The State accuses the defendant of pushing the alleged victim with enough force to break their ankle.
Defense attorney Steve Cochran estimated the jury trial could take four days because of “the long list of people involved.”
The judge set the trial for Nov. 30 – Dec. 3.
Before his arraignment, Bokori refused to take a drug test. “A condition of your release from jail on your own recognizance was random urinalysis testing,” the judge said. Cochran objected and may follow up with a writ in what he sees as “an unsettled area of the law.”
“Mr. Bokori comes here presumed innocent of a case that does not involve drugs. I don’t think he needs to waive his Constitutional rights to exert another Constitutional right, his right to a trial,” he said. “The court doesn’t need to look into whether he may be of sound mind waiving his rights because other than the right to a speedy trial, he hasn’t waived any rights.”
The judge required Bokori to sign up with the Pershing County drug court for random testing. If he fails a test, Bokori will not be taken into custody.
Maggie Kathleen Gallagher,28, came to court from jail. She was in custody on a one-week sanction from the Pershing County drug court. The judge ordered a mental health evaluation. Gallagher will apply to mental health court in Fallon or Reno and come back to court on Aug. 31.
Corey Patrick Olsen was not present for his sentencing hearing. He called his defense lawyer from Reno to report that his ride fell through. The judge continued the case until Aug. 31.
Brandon Keith Small, 23, came to court from jail. On May 4, Judge Shirley sent the defendant to boot camp, a program of regimental discipline used as an alternative to incarceration. The boot camp rejected him and provided documentation to the court.
The defendant first came to court about four-and-a-half years ago, after getting into his mother’s prescription medicine. DDA Banks says that since that time, Small has not taken an affirmative step to help himself.
Cochran spoke about an incident that occurred in Lovelock on Aug. 31, 2016. The defendant witnessed his mother shot. She survived, “but in light of what happened, I’m surprised he hasn’t crossed the mental health bridge until now.” He recommended Churchill County’s mental health court. The judge remanded Small to custody and ordered a mental health evaluation within the next two weeks.
Javier Flores Valtierra came to court from jail for a probation violation hearing. He admitted to numerous violations, including failure to report to Vitality House, an inpatient drug treatment program. Cochran gave the judge a letter showing that Valtierra had a bed date at Vitality House the next day.
Cochran reminded the court that, as of July 1, the Department of Parole and Probation must use graduated sanctions before revoking a defendant’s probation. “I would argue that, at this point, revoking him is illegal,” he said.
The judge reinstated Valtierra to Vitality House. If he fails to complete the program, he’ll return to court for violating the terms and conditions of his release and could face prison time.
Delson Leon Williams, 40, was not present for his sentencing hearing. He called his defense attorney earlier in the morning. He’d been pulled over in Wadsworth for driving without a license, he said. Cochran asked for the next law and motion date. The State requested a bench warrant.
Judge Shirley granted Cochran’s request but wants proof of the traffic stop.
