Four defendants in Sixth Judicial District Court hearings were recently ordered to complete either a term of probation on a suspended sentence or placed on a diversion program to avoid a conviction on their record.
Drea Austin Sears was arrested on January 12, 2020, by the Winnemucca Police Department at the age of 24 on two counts felony battery on police, two counts gross misdemeanor child neglect, felony assault with a deadly weapon, felony battery by strangulation, gross misdemeanor intimidate a public officer and misdemeanor resist with a $79,340 bail amount.
In a March 10 arraignment hearing, Sears pleaded no contest to two counts battery upon a peace officer, a gross misdemeanor that carries a potential 364-day jail sentence and maximum $2,00 fine on each count, to either be served at the same time (concurrent) or one after another (consecutively).
The plea agreement was mentioned in the arraignment hearing and officials said that Sears also pleaded to two misdemeanor charges in Union Township Justice Court as part of plea negotiations.
Sears’ attorney, Humboldt County Public Defender Matthew Stermitz said that Sears is the perfect candidate to participate in a diversion program and seek treatment, with a minimal criminal history and active employment.
Sixth Judicial District Court Judge Michael Montero granted the application for Sears to participate in the diversion program for the charges, which would allow him to rescind his pleas of no contest if all requirements are met and leave the court process without the charges on his record.
Sears was ordered to complete 36 months of probation with special conditions, pay a $25 administrative assessment fee, $250 public defender fee and successfully complete mental health court.
Dylan Eugene Jerome admitted to six probation violations in Sixth Judicial Court recently and was placed back on probation to be admitted into a long-term recovery program again.
The underlying sentence Jerome faced if probation were revoked was 12-34 months in prison on a category D felony, unlawful possession for sale charge he was convicted to in August 2017.
Jerome, age 24, previously attended a recovery facility ranch for 15 months and relapsed after being released and was recently arrested on new charges in Elko.
Jerome said that after his previous stay in a recovery and treatment facility, he failed to set up further treatment beyond the inpatient part of the program and that he would like another chance to complete the recovery inpatient program again, as well as continued treatment after the program.
For a charge in Elko of conspiracy to commit possession of a controlled substance, officials said Jerome was ordered to probation with a condition of participating in an inpatient substance use program.
Montero placed Jerome back on probation to finish his probation term at the long-term inpatient facility as requested, on the condition that he serve the rest of his 11 months of Humboldt County probation in the facility if allowed by program officials.
Ongley Derbyschire, age 33, was given a chance to participate in a Nevada drug court program as part of an approved diversion program and a condition of his 36-month order of probation.
Derbyschire pleaded guilty of being under the influence of a controlled substance, methamphetamine, a category E felony, in Humboldt County on June 25, 2019, at a February arraignment hearing in Sixth Judicial District Court.
The charge carries a potential 1-4 year prison sentence and a maximum $5,000 fine and probation mandatory under most circumstances.
The 33-year-old asked to be allowed to participate in drug court as a part of a diversion program, a recommendation made by both parties as part of the plea negotiations.
Montero granted the application for Derbyschire to participate in the diversion program and drug court in Mesquite, Nev. where he now lives. He will be able to rescind his guilty plea to the charge upon the successful completion of all diversion program requirements.
As part of the diversion program, Derbyschire was ordered to complete 36 months of probation and pay a $3 DNA collection fee, $25 administrative assessment fee, $60 forensic fee and $250 public defender fee.
Sharon Bower was ordered to serve 36 months of probation on a suspended sentence for a gross misdemeanor charge of conspiracy to torture, overdrive, injure or abandon animals, specifically horses belonging to her.
Bower pleaded guilty to the charge in a March 3 arraignment hearing in Sixth Judicial District Court.
Potential penalties for the charge include 364 days in jail and a maximum $2,000 fine.
Prosecuting attorney Kevin Pasquale with the Humboldt County District Attorney’s office told the court that a veterinary statement said that several animals were severely neglected to the point that they died.
At the sentencing hearing, Bower’s attorney Debra Amens told the court that Bower had fallen ill, was hospitalized and unable to sell the horses as intended, leading to the neglect.
Amens said that Bower had contacted a neighbor and thought the animals were being taken care of, which was not the case as she found out after arriving home.
As part of the sentence, Bower will be unable to be responsible for any animals during the 3-year term other probation.
The court ordered the probation on a suspended jail sentence of 364 days and also ordered Bower to pay a $153 DNA collection and analysis fee and $25 administrative assessment fee.
