Trevor Otto Heitman, age 30, was sentenced to serve a 12-48 month prison sentence after pleading guilty to driving under the influence (DUI) of alcohol with two prior convictions within seven years, a category B felony in Nevada.
He was also ordered to serve 364 days in jail, to run concurrently with the prison sentence on a gross misdemeanor charge of conspiracy to carry a concealed weapon without a permit, which he also pleaded guilty to.
In the DUI case, Heitman applied for a specialty DUI treatment court as a diversion program to the sentence, meaning he would be able to participate in a treatment program and avoid a felony rather than go to prison.
Sixth Judicial District Court Judge Michael Montero raised concern regarding the seriousness of the charges in both of Heitman’s two cases and the risk of danger posed to the community and himself if released to custody.
In the gross misdemeanor case, Heitman was carrying a loaded 22 handgun in his front pants pocket with a live round in the chamber while under the influence of alcohol.
Heitman had previously participated in and successfully completed the Humboldt County Adult Drug Court program approximately eight years ago.
Montero pointed out that all three DUI arrests happened in 2019 within one year, while the statute indicates occurrence within a seven-year period.
Heitman’s attorney, Alternate Public Defender Maureen McQuillan said that the Department of Parole and Probation did not make a recommendation for treatment court in their sentence recommendation but that a substance abuse evaluation completed by a mental health professional does recommend a program of treatment.
McQuillan said that Heitman had been struggling in participation in the pretrial program prior to the sentencing hearing.
District Attorney Michael Macdonald did not oppose the application to pursue treatment, pursuant to plea negotiations.
“The court has already acknowledged that Heitman did participate in a drug specialty court program in the past,” said Macdonald. “I think Mr. Heitman agrees he has some issues that need to be addressed and he is an awfully young man to have the problems he is struggling with and it’s unfortunate.”
Heitman said that during the time he has participated in pretrial services he has been working every day and staying out of trouble with the law.
“I just would really like the opportunity to square things away and get my life back on track,” said Heitman. It’s been a rough go the past few years and I want to get it turned back around, not only for myself and my daughter as well, and society.”
In the hearing, Heitman also indicated that he takes prescription pain medications for medical issues, another factor Montero expressed concerns with.
“We’re talking about a very difficult combination of substances and guns, I’m very worried about all of this,” said Montero. I’m concerned that Mr. Heitman may be a risk to himself, a greater risk to himself than just the use of these substances. With loaded guns in his pocket, either concern for him or the safety of the community, I’m not sure which it is.”
Heitman was denied entry into the treatment program and instead sent to carry out a 12-48 month prison sentence with 15 days credit for time served. He was ordered to pay a $153 DNA collection and analysis fee, $25 administrative assessment fee, $60 forensic fee, $250 public defender fee and $35 civil penalty.
On the gross misdemeanor conspiracy to carry a concealed weapon without a permit charge, he was ordered to serve 364 days in jail with 364 days credit for time served, ordered to be served concurrently with the DUI sentence. He was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee and $250 public defender fee.
