The 11th Judicial Court met on Wednesday, Feb. 17. Judge Jim Shirley presided.
Martin Garcia Rosas, 26, came to court from the Pershing County jail for a probation violation hearing. Attorney Steve Evenson represented him. Rosas’s probation officer, Chris Hohnholz, attended the hearing by telephone. Rosas admitted to a long list of violations, including testing positive for opioids on more than one occasion.
According to court documents, in July 2020, Rosas entered Vitality Center in Elko, but his disrespectful and disruptive behavior led to termination from the program.
DDA Banks argued for revoking Rosas’s diversion, the opportunity to keep a felony conviction off his record by participating in treatment. He recommended 65 days flat time in jail followed by a dishonorable discharge from probation.
Evenson disagreed. “At this point, either he gets it, or he doesn’t. The taxpayers shouldn’t have to pay for 65 days in jail,” he said, adding that Rosas claimed to have a job waiting and had been behind bars for almost a year.
“I appreciate Mr. Evenson’s concern for the taxpayer dollars, but there is a punitive portion to what we do here. It would be a lot cheaper not to put anybody in jail. Then we could live our lives in a tax-free Utopia, but society places a premium on law and order,” said Banks.
The judge revoked the defendants’ diversion.
“You have a lot of potential,” he told Rosas. “I’ve known you since you were little.”
“But your history doesn’t say very good things about you. I gave you a chance at drug court. You were disruptive, didn’t follow the rules, absconded and used. They sent you to treatment. You blew that placement. They brought you back, gave you another chance, and you blew that. What am I supposed to read into all of that?” he asked.
“I screwed up,” said the defendant. “I apologize.”
The judge sentenced Rosas to 12-34 months in prison for each of two counts. The sentences will run consecutively.
“I’m hoping that your time in prison will give you a chance to think about what you’ve done and how you want to live your life. Do you want to be doing what you’re doing now for the rest of your life? Or do you want to be a productive member of society, work, have a family and have a good life?”
Jacob Gallagher, 39, faced sentencing for shooting a firearm from his home into his Cessna Street neighborhood in Nov. 2018. According to court documents, he was under the influence of methamphetamine during the episode. He pleaded no contest because he has no memory of the events. Law enforcement subdued the defendant without injury to anyone.
The judge denied Steve Evenson’s request for a diversion program that would have kept the felony off Gallagher’s record. Evenson noted that his client had steered clear of trouble since the incident, a period of over two years.
DDA Banks recommended probation.
“I do not make this recommendation lightly,” he said. “But, in speaking with the victims last April and looking at the totality of the work Mr. Gallagher has done on himself since this incident, I think probation is appropriate.”
Evenson asked the court to suspend probation. “To be blunt, the felony crime on his record, the restitution, the three years he’s had to go through this with his family and continuing coverage by the press or whatever is more than enough penalty for whatever took place that night.”
Judge Shirley gave Gallagher 12-34 months in prison, suspended, with up to two years of probation. He has 155 days credit for time served.
The lawyers also contested the amount of restitution Gallagher should pay, trading objections at length. John Stapleton of Calif., took part in the hearing by phone. He and his father own the home across the street from the defendant.
Stapleton described the damages to the building, which a tenant occupied at the time of the shooting. The damage included bullet holes on the siding of the house and garage door, shot-out windows and a bullet hole in a cabinet and refrigerator door.
The judge assessed approximately $4,000 in restitution, contingent upon several variables. For example, a repair shop may be able to replace the refrigerator door. In that case, Gallagher would not have to pay for a new appliance.
“What happened that night is the most horrible thing that’s ever happened to me in my life,” Gallagher told the judge. “I’ve tried to make amends. I’ve volunteered in the community. I’ve always volunteered in the community before that. I’m on a better track now and haven’t had a drink in years. I attend meetings regularly. I was a good person prior to the incident, and I’m a way better person now.”
