The 11th Judicial Court met on Monday, Dec. 7. Judge Jim Shirley presided. Sgt. Brian Taylor represented the Division of Parole and Probation. DDA Todd Banks argued on behalf of the State of Nevada.
In what her attorney called “a difficult case for everybody involved and certainly for the softball organization within our community,” Jennifer Marie Montes, 38, faced sentencing in the 11th Judicial Court on Monday, Dec. 7.
Montes previously pleaded guilty to one count of embezzlement, a Category C felony, admitting that in the summer of 2017, she embezzled funds from the now defunct Lovelock girls softball league.
Montes faced the possibility of one to five years in prison and fines of up to $10,000. However, her clean record made her eligible for probation at the court’s discretion.
Attorney Steve Evenson argued that mental health challenges played a role in Montes’s decisions. He proposed mental health court, a diversionary program in Reno.
DDA Banks countered that the court had not heard from a mental health professional.
“Without that, I can’t look at these crimes as anything other than a rational decision by a rational person to accomplish a rational end,” he said. “The community entrusted Miss Montes with their hard-earned money so the children had an opportunity to play softball. She violated that trust, and that’s a big deal in this community.”
Banks said that the State could not get on board with diversion for the defendant. Instead, he recommended a suspended sentence with 24 months of formal probation.
While he did not discount that the defendant’s background influenced her decisions, he felt it would be more appropriate to require counseling as a condition of probation.
Montes exercised her right of allocution by speaking to the judge before sentencing.
“I spent more years helping the community than I did hurting it,” she said. “I’ve coached. I’ve volunteered. Any hurt was unintentional, and I’d like the opportunity to repair that.” She tried to say more but expressed a fear of breaking down in court.
The judge explained that he did not have the option of granting diversion in this case.
Instead, he gave Montes 12-32 months in the Nevada Department of Corrections, suspended, with two years of probation. He ordered counseling as a condition of probation.
As part of the global settlement, attorney Steve Evenson and DA Bryce Shields resolved a second allegation of embezzlement, bringing the total restitution to $13,195.11.
Montes paid the money to the Pershing County Clerk of the Court.
The judge addressed plans to get the funds to the victims.
