Danny Dave Ochoa, age 26, was recently sent to serve two concurrent prison sentences of 12-34 months on drug charges after being given multiple chances at completing treatment for drug use.
Ochoa pleaded guilty to two category E felony charges, one possession of a controlled substance and one unlawful use of a controlled substance, along with gross misdemeanor possession of a dangerous weapon.
Ochoa admitted to possessing heroin or opiates (controlled substances), possessing brass knuckles (a dangerous weapon) and being under the influence of heroin or opiates and/or methamphetamine during August 2019 in Humboldt County.
He was ordered to pay a $200 fine on the gross misdemeanor charge of possessing a dangerous weapon (brass knuckles).
On the felony charges, Ochoa was originally given a chance at a diversion program and ordered to 36 months of probation and completion of the Humboldt County Adult Drug Court Program.
Ochoa was later taken into custody after missing four days of drug testing and then transferred to inpatient treatment. While in the inpatient treatment facility, he left to go to the store while the facility was on lockdown due to COVID-19.
He was discharged from the facility and allowed to return after quarantining outside the facility. After he returned, he tested positive for controlled substances and was found to have drug paraphernalia and was discharged from the treatment facility again.
Ochoa was later given another chance at completing probation and drug court.
On Sept. 8, 2020, Ochoa appeared virtually to Sixth Judicial District Court from the Humboldt County Detention Center and admitted to five violations of the terms of his probation, including being kicked out of the adult drug court program.
Sixth Judicial District Court Judge Michael Montero rescinded the diversion program, giving Ochoa two felony drug convictions on his record.
Ochoa asked to be placed back on probation and be able to try again at drug court.
Montero said that he is concerned that Ochoa was given so many chances at different treatment programs and continued to either get kicked out or refuse treatment after being diagnosed with an opioid addiction.
The court ordered Ochoa to serve a 12-34 month prison sentence on each of the two counts, with 52 days credit for time served given in one of the counts and the sentences ordered to run concurrently.
Ochoa was also ordered to pay a $3 DNA collection fee, $25 administrative assessment fee, $60 forensic fee and $250 public defender fee.
“I hope that this will be a way of saving your life and that you see it that way at some point in the future,” said Montero.
