At his arraignment on May 4, Terrell Grant Callao-George, 25, of Humboldt County, pleaded guilty to one gross misdemeanor count of battering a public official.
The DA’s office dropped a second count. The crime took place on Amhurst Avenue in Lovelock on Mar. 27, 2020.
DDA Todd Banks showed Judge Jim Shirley a police recording of the incident.
In the tape, LPD Sergeant Darrell Mancebo speaks to Callao-George, seated in the back of the cruiser, but not under arrest. “We’re trying to get you a ride,” says Mancebo. “I just want to get you home.”
Suddenly the sounds of blows and exclamations punctuate the audio. Calleo-George admittedly punched Sergeant Mancebo in the right eye, face and the back of the head. He also struck Deputy Don Poffenroth’s face along the left eye in an apparently unprovoked outburst.
“I heard a voice in my head telling me to hit these cops,” he said, adding that he takes medication for bipolar disorder.
The judge accepted the guilty plea. The defendant returns to court on July 6, facing up to 364 days in jail and fines of $2,000. However, another decision remained.
Last month, in the Valdez-Jimenez case, the Nevada Supreme Court ordered changes in the state’s bail system. The vote was 6-1.
“Bail may be imposed only where it is necessary to reasonably ensure the defendant’s appearance at court proceedings or to protect the community, including the victim and the victim’s family,” they concluded. At the time of his arraignment, Callao-George’s bail was $3,000 cash or bond.
Banks showed documentation from a 2019 Humboldt County case involving the defendant. It bolstered the argument against reducing O’Kelley’s bail or releasing him from custody.
The case involved elder abuse of Callao-George’s grandmother. “Also, when he was being taken into custody, he had a tussle with law enforcement,” said the deputy district attorney.
“Between the Humboldt County report and what we witnessed on tape, Mr. Callao-George does not strike me as someone we can protect the community from through less restrictive means,” he concluded.
Public defender Steve Cochran asked the judge to release Callao-George with conditions. He said that Callao-George’s ties to the community decreased the likelihood of flight risk.
The judge denied the requests for a reduction in bail or release from jail. He ordered a mental health exam and a presentencing investigation report.
“You have a propensity to explode for unknown reasons,” he told Callao-George. “I’d like an evaluation, so if I’m going to tailor conditions, I can tailor them appropriately. Mr. Cochran will investigate if there’s a mental health court in Winnemucca I can release you to for supervision.”
Brandon Keith Small, 22, from Lovelock, came to court from jail for a probation violation hearing. He admitted to each allegation. The charges included lack of employment, nonpayment of fees and failure to complete the Western Regional Drug Court program.
He’d also had multiple positive tests, no-shows and picked up a felony in Churchill County while on probation. Judge Thomas L. Stockard gave Small a suspended sentence of 24 to 72 months for obtaining money under false pretenses, a nonviolent crime.
The judge ran the time consecutively with the pending Pershing County case, held on May 4.
Both DDA Todd Banks and Steve Cochran sit on the drug court panel. Other members include Coordinator Frank Wilkerson, counselors and judges. Banks and Cochran argued for widely different outcomes.
Cochran spoke of Small’s desire to beat his methamphetamine addiction. In their consultations, the defendant brought up the Reno Gospel Mission as a possible source of longterm treatment.
The public defender floated the idea of boot camp. “He’s open to either option,” said Cochran.
The Nevada Department of Corrections (NDOC) runs the Three Lakes Valley Conservation Camp in Indian Springs, just north of Las Vegas.
It houses the boot camp, a 190-day program of regimental discipline available to some young men caught up in the criminal justice system.
At the end of their program, the defendants reappear before the sentencing judge. The boot camp recommends either probation or prison.
Bank voiced opposition. “We have attempted to use boot camp as a tool for a number of young men in the community in the same position as Mr. Small. What we got back were people who were more physically fit, but engage in the same acts as before,” he said.
Banks traced the defendant’s trajectory through the criminal justice system. He finished by recommending that the judge impose a prison term of 12 to 48 months.
Small spoke quietly and appeared exhausted.
At previous hearings, he acknowledged that his behavior had, at times, resulted in the neglect of his young children. He added that he wants to fight his addiction.
“It was one of the happiest times of my life being sober for 30 days at Vitality House,” he said.
“I understand the State’s argument, but I’m not going to wash my hands of you yet,” said the judge. “I’m putting you in boot camp. It’s a chance for you to be clean and sober for the next 190 days. Then we’ll pick up where we left off. I want to see you not only pass the program but go the extra mile. Give it your all.”
On Monday, May 4, several defendants came to Pershing County’s 11th Judicial Court from jail.
Judge Jim Shirley presided. Lisa Brannon from the Division of Parole and Probation participated by telephone.
Chealsey Breanna Turner, 27, appeared for a sentencing hearing. Kyle Swanson represented the defendant.
“We were here a few weeks ago, but Miss Turner was absent,” he said. She had absconded from Serenity House, a drug rehabilitation facility. The judge issued a bench warrant and law enforcement took Turner into custody.
She had planned to seek an NRS 453.3363 diversion program but changed her mind about the voluntary treatment option.
“I’ve counseled Miss Turner that she’s not going to prison today because this is a mandatory probation case,” said Swanson. “I encouraged her to continue trying to get assistance with her drug issues, but she’s emphatic she doesn’t want to go that route.”
Instead, Turner hopes to return to Kingman, Arizona, where her mother lives. She’d complete her probation under the Interstate Compact, if approved.
“It is the State’s sincere hope that the Division of Parole and Probation find a way to get the defendant to Arizona with her support system,” said DDA Banks. “Miss Turner’s situation here in Nevada has been less than conducive to her success as a probationer.”
Lisa Brannon said the process of applying for the Interstate Compact could take anywhere from two to 60 days. Acceptance is not automatic.
The judge gave Turner a suspended sentence of 12 to 36 months with five years of probation. He remanded her to custody until the following day. Turner said her cousin would drive from Reno, pick her up and take her to Winnemucca to apply for the Interstate Compact.
The judge told Turner that he’d have her drug-tested by the Division of Parole and Probation before she left for Arizona. “If you test positive you’ll come back before me,” he said.
Amy Christine Fritz, from the San Francisco Bay area, participated in her hearing telephonically. Her attorney Andrew Bunn, from Work Law in Reno, also participated by phone.
Last summer, Fritz was arrested at Burning Man for possession of Ecstasy and LSD. She came to the 11th Judicial and pleaded guilty to a Category E felony.
Fritz applied for the out-of-state drug court program and returned to the Bay area. However, the coronavirus postponed her sentencing and eligibility hearing.To mitigate the effects of the virus, Gov. Gavin Newsom placed Californians under strict shelter-in-place orders until at least June.
Fritz lost her job and reports difficulty paying for the presentencing drug tests. “I’ve been borrowing money wherever I can,” she said.
The judge released Fritz from the drug testing protocols. However, he took issue with her statement that she’s not addicted. In a letter to the court, Fritz asked to be released from the obligation of attending drug court.
“The jury is still out on whether Ecstasy (MDMA) and LSD are physically addictive,” said the judge. “However, they are psychologically addictive. If I’m going to let someone get a felony off their record they have to complete a program.”
“Once Covid-19 is over, we’ll come back and see if you can get admitted to the out-of-state drug court program. From that point forward, we’ll start the testing,” he said.
Justin James O’Kelley, 30, came to court from the Pershing County jail for a probation violation hearing. Steve Cochran was appointed to represent the defendant.
O’Kelley admitted to each alleged violation including failure to pay his supervision fees of 30 dollars a month for the past three months. He also had several positive drug tests. He did not complete the Pershing County drug court program.
On Apr. 21,2020, O’Kelley appeared at a show-cause hearing before the drug court panel. They removed him from the diversion program and law enforcement took him to jail.
DDA Banks argued that O’Kelley did not want to participate in drug court.
“His position is that it’s all about money; that we’re not there to help him,” said Banks. “He won’t accept culpability for actions and has no belief in program whatsoever.”
Cochran argued for treatment.
“We owe it to Mr. O’Kelley, ourselves and society to avail him the opportunity for education, rehabilitation and training,” he said.
The defendant said he wanted to get back in the program.
“I put it last when I should have put it first,” he said. The judge ordered inpatient treatment. O’Kelley will remain in jail until admitted to New Frontiers, Vitality House or a similar program.
