Defendants accused of violating probation have the right to a hearing before a judge.
The State must present evidence to show they violated the terms and conditions of probation.
Last summer, Robert William Mattingly pleaded guilty to possession of controlled substances, a Category E felony punishable by 12 to 32 months in prison. He consented to placement in a diversionary program with three years of probation.
Monday, he came to the 11th Judicial court from the county jail, where he’s been since mid-October when the PCSO booked him for domestic battery, second offense.
He admitted to multiple probation violations, including moving to Arizona without permission for three months.
He also failed to complete the Washoe County veteran’s court and get a substance abuse or mental health evaluation as required by the terms of his probation.
“I’ve been doing this for some years and haven’t seen anyone violate as thoroughly,” said DDA Todd Banks. He characterized the defendant’s response to supervision as “flippant.”
Attorney Steve Cochran had hoped to facilitate the defendant’s transfer to an inpatient treatment center in Wyoming specializing in treating veterans. However, just before the hearing, he learned that the facility was not accepting out-of-state clients due to COVID.
“At this time, we’re looking not for the best option, but the least bad one,” he said. Cochran suggested mental health court or the Western Regional program in Fallon. “It’s not the ideal higher level of care we were hoping for, but there are better options out there than just having him sit in jail and wait.”
Banks argued that Mattingly should stay in jail until he could be hand-delivered into a treatment program or his sentence expired. “Alternatively, his diversion should be rescinded, and he should be sentenced accordingly. I don’t think this is a defendant who needs to be out in the community sans treatment.”
“The State recognizes Mr. Mattingly’s service to our country. The State recognizes that Mr. Mattingly suffers from trauma as a result. That is not lost on us,” said Banks. “However, this case is over a year old, and he has taken advantage of zero of the treatment opportunities afforded him. He approached probation as if it was a cafeteria plan rather than an entree.”
Caroline Cova came to court from the VA’s Office in Reno. She had hoped to get Mattingly into inpatient treatment but said that could not happen until April or May. Instead, Cova offered outpatient treatment for substance abuse and PTSD through the Reno VA. Video counseling could allow Mattingly to remain in the community, she said.
In an attempt to explain why he relocated without permission, Mattingly read from a prepared statement. He said he saw YouTube videos from China showing people “falling over dead” from what turned out to be the coronavirus.
“I knew I had to get my pregnant fiancée to a less populated area,” he said. “I did not know how much time we had before it was too late.”
“I’m not going to buy into that,” said Judge Jim Shirley. “Even if I did, you were on probation, and you didn’t tell anyone. You just up and left.”
The court scheduled a follow-up hearing for Dec. 21. Cova will participate by telephone. The judge said that if a program becomes available, he’ll consider that option. In the meantime, he remanded the defendant to custody.
“Time to get your problems licked,” he told him.
Last spring, the 11th Judicial Court granted Joseph Carl Baker probation for possession of controlled substances, a Category E felony punishable by 12-32 months in prison. Monday, he came to court from jail and admitted to multiple violations.
For example, on Nov. 9, law enforcement was dispatched to PJ’s in Lovelock to a fight in progress. Baker, one of the combatants, drove away from the store and was subsequently arrested for DUI, first offense.
Baker returns to court on Dec 16. Attorney Steve Cochran said the defendant has a bed date at Vitality Center, a treatment facility. In the meantime, the judge remanded the defendant to the custody of the sheriff.
Other cases
Reno attorney Michael Castillo represented three clients charged with possessing controlled substances at Burning Man last summer. The judge found each of them eligible for diversion through the Pershing County Out of State Drug Court Program.
If they complete all the requirements, the defendants may withdraw their guilty pleas and start with clean slates.
