The Pershing County 11th Judicial Court met on Mon. Feb. 1. Lisa Brannon, from the Division of Parole and Probation participated over the telephone. So did attorney Jenny Hubach, from Reno. Todd Levanthal came from Las Vegas to defend his client.
Arraignments
Sheriff’s officers brought Daniel Leroy McGuinness to court from the Pershing County jail. He pleaded not guilty to multiple felony counts and one gross misdemeanor.
The allegations include causing psychological harm to an elderly person (over 60). The State also accuses the defendant of entering two businesses to rob them.
He faces an additional felony charge of trying to enter a residence for the same reason. Finally, he stands accused of malicious destruction of property, a gross misdemeanor.
Judge Jim Shirley set the jury trial for May 10 through 13 and sent McGuiness back to jail. DA Bryce Shields represents the State of Nevada.
Shawnon Michael Parkinson, 43, from Calif., retained Todd Levanthal, of Las Vegas, to defend him against charges of distributing a controlled substance, MDMA, at Burning Man.
“I drove onto the premises, was pulled over and had illegal substances in my vehicle,” he said.
Levanthal and DDA Todd Banks jointly recommended probation. However, the judge is not bound by their recommendations and could sentence the defendant to prison on Apr. 5 when he returns to court.
Sentencing
Thomas John Bradley faced sentencing for possessing a firearm as an ex-felon.
His attorney, Steve Cochran, argued that two decades had passed since the original disqualifying conviction.
He added that, since that time, Bradley has stayed out of trouble, working and supporting his family.
That changed last fall when Bradley claims to have found a black Ruger SR40 pistol in his truck.
“The firearm in question, when the serial number was run, it does come back to my father,” said the defendant during allocution. “My dad wrote a statement that he left it in my vehicle. I broke the rule, but it was pure laziness on my part. I should have taken it back to my dad, and I didn’t. I’ve got to pay the piper for that, I guess.”
Cochran acknowledged that, after finding the pistol, Bradley had an altercation with a truck driver on the highway. “But there is no assertion that the firearm was discharged,” he added. On Sept. 23, 2020, law enforcement arrested the defendant for possessing the gun as an ex-felon.
The judge chose not to admit a Facebook video submitted by the State as evidence since Bradley had already pleaded guilty to the crime. He questioned its relevance to the sentencing hearing.
Banks argued for a prison term. “I’m a huge proponent of the Second Amendment and a gun owner myself but society has rules to protect itself from violations,” he said.
The judge gave Bradley 24 to 72 months in prison, suspended, with three years of probation. For the next 12 months, he must check into jail for one weekend a month. “I’m concerned that you pointed a gun at someone,” said the judge.
At his arraignment, Lance Joseph Baijounas admitted he smashed the tail lights of a 2019 GMC Yukon with a sledgehammer on Aug. 31,2019.
The gross misdemeanor occurred at Burning Man. Banks said he had spoken with the victim, who did not want to come to court and give a statement.
Hubach requested changes to the guilty plea agreement, which called for one year of probation. She pointed out that her client had no criminal history before or since the offense, which occurred over two years ago. After a brief recess, the judge agreed and sentenced the defendant to a $2,000 fine.
At an earlier court hearing, Bryce Jordan Hilleshiem pleaded guilty to domestic violence with substantial bodily harm, second offense. At Monday’s sentencing, the DDA produced a certified copy of the first conviction, from Mar. 3, 2016, out of Lake County Justice Court.
The victim has since reconciled with the defendant and chose not to give a victim impact statement. Banks concurred with defense attorney Jenny Hubach’s recommendation for probation.
The judge gave Hillesheim 12-30 months, suspended, with two years of probation. In addition to the standard terms and conditions, Hilleshiem must perform 100 hours of community service and pay a $500 fine.
He must also serve a total of 20 days in jail during the term of his probation. Finally, he agrees to participate in domestic violence counseling — 12 months of one-and-a-half-hour classes at his own expense.
Other hearings
Klarissa Shayla Guerrero came to court for a pretrial conference. She denies allegations of entering a vehicle to commit larceny. The alleged crime occurred on Aug. 22, 2020. If the State proves the charges, Guerrero faces the possibility of one to four years in prison, and fines of up to $5,000. The judge also has the option to grant probation. Her jury trial is scheduled for Mar. 10 through Mar. 12.
A California man consented to placement in a 453 diversion program. Once he completes the Pershing County out-of-state drug court program, he has the opportunity to start over with a clean slate. He’ll serve one year of probation with the possibility of a one year extension.