“Where’s your client, Mr. Evenson?” Judge Jim Shirley asked the attorney.
At an earlier court hearing, Bruce Lee Malonson, 64, of North Hollywood, Calif., pleaded guilty to involuntary manslaughter. On Monday, Oct. 19, he did not show up for sentencing.
The charges stem from a rollover accident near Lovelock on Mar. 5, 2018. Malonson’s passenger died at the scene. The original charge was driving under the influence, causing a death.
Steve Evenson said Malonson maintains regular contact with his law office. “On Friday, he sent an appointment card from Cardiovascular Consultants Heart Center in Fresno, Calif.,” said the attorney. It said Malonson had an appointment on Oct. 27 for an angiogram, a diagnostic test.
According to Evenson, Malonson’s heart functions at 30 percent capacity.
“He can’t walk across the room or stand up without feeling like he’s going to pass out,” he said. “He
takes ten steps, and he’s winded.”
“Given our remote location and lack of cardiac facilities, there is a significant liability to the jail and county should he be placed in custody,” said Evenson. “He would like to be here and get this behind him, but his health does not permit it at this time.” The attorney raised the possibility of a videotaped sentencing hearing.
DDA Banks observed that this was the third time Malonson failed to appear. He expressed concern about the victim’s family and their need for closure.
Judge Shirley gave the defendant one week to submit documentation about the angiogram.
“I’m going to require him to be here,” he said. He set sentencing for Nov. 9. “If I don’t get the doctor’s information, the State can apply for a bench warrant.”
Jennifer Marie Montes, 38, appeared for sentencing represented by Evenson. Montes previously pleaded guilty to one count of embezzlement, a Category C felony. The court rescheduled her hearing for Nov. 9 because they did not have the pre-sentencing investigation report, a tool the judge uses to weigh the mitigating and aggravating factors before making a decision.
Lisa Brannon from the Division of Parole and Probation plans to interview the defendant. Montes will resubmit her paperwork.
Noel Wayne Moore, 21, of Grass Valley, came to court from jail for allegedly violating his probation. He admitted the charges in the violation report. Steve Cochran represented the defendant.
On Oct. 3, an NHP trooper observed a sedan “parked oddly” in the Winnemucca cemetery.
He found Moore passed out behind the wheel. Moore had been traveling westbound on Winnemucca Blvd. when his vehicle left the roadway, jumped the curb and traveled 100 feet to the cemetery.
Law enforcement took Moore into custody for DUI and driving on the sidewalk.
Moore’s probation officer spoke with him at the Humboldt County jail. She said he admitted to smoking a synthetic cannabinoid (spice) and using LSD throughout his drug court participation. Synthetic cannabinoids do not show up in standard drug tests. Likewise, most tests don’t check for LSD or its metabolite.
“Officer Hill took my admission out of context,” said the defendant. “I’ve only done LSD one time, and I just started doing spice.”
The judge revoked Moore from diversion and placed him on probation for 18 months. He granted 79 days credit for time served.
Moore must pay court fees and $390 in back payments for his supervision. He also must enter long term substance abuse treatment.
He will remain in custody until he starts the treatment program. The judge will review his progress in one month.
Myrl Ray Ayer, 58, came to court from jail to change his plea. He previously pleaded not guilty to two counts of assault with a deadly weapon, an AR-15.
He faced the prospect of one to six years in prison for each felony count. He also could get 364 days in jail for gross misdemeanor child endangerment since he allegedly fired the weapon in the presence of a minor.
The incident occurred in Grass Valley on Aug. 15.
On Monday, Ayer pleaded guilty to discharging a weapon where a person might be in danger, a gross misdemeanor. In exchange, the DA’s office recommended probation.
“I discharged my firearm,” said Ayer, before commenting on the behavior of the victim.
“He threatened to shoot me and burn my house down.”
Swanson and the DA’s office jointly recommended Ayers’ release from jail. He must have no contact with the victim. He’ll be back in court for sentencing on Jan. 4.
On Aug. 23, the Pershing County Sheriff’s Office booked Ricardo Manuel Ortega, 26, for burglary, theft and trespassing. He failed to appear in the 11th Judicial Court for his arraignment on Monday.
The judge issued a no-bail bench warrant. Kyle Swanson represents the defendant.
