A sense of post-Covid normalcy is returning to the Pershing County 11th Judicial. Masks are rarer. Adriana Ramos and Carol Elerick no longer take temperatures before people enter Judge Jim Shirley’s courtroom. Families once again show up to support their loved ones. Everyone hopes it lasts.
Lovelock man sentenced to probation
On Monday, June 7, Winnemucca attorney Kyle Swanson represented Ricardo Manuel Ortega. Judge Shirley asked about Ortega’s five violation reports from pretrial services, a system for supervising defendants released from jail and awaiting resolution of their cases.
Swanson replied that from April 28 to May 10, Ortega was in jail in Lyon County on an unrelated offense for which he faces sentencing on June 28. After his release, a tree branch fell on the landscaper resulting in a long, painful recovery. As a result, Ortega couldn’t keep up his end of communication with pretrial services, said the lawyer.
Ortega admits to entering the victim’s property looking for gasoline to restart his stalled vehicle. The victim was unable to determine if anything was stolen and chose not to appear at the hearing. Ortega accepted a guilty plea, acknowledging he did not have permission to be on the property or use any gasoline.
Swanson pointed out that this was Ortega’s first sentencing on a felony and that it’s a mandatory probation case. He observed that the defendant accepted court supervision in the past. Also, Ortega has worked as a landscaper for the last three years in positions of increasing responsibility.
The judge gave Ortega a suspended sentence of 19 - 48 months in prison with 18 months of probation. He also lowered the public defender’s fee from $500 to $300. Ortega must pay all fees within six months.
Probation violation hearing continues
Dylan Michael Garretson came to court from jail for a continued probation violation hearing. At his last hearing, on May 3, public defender Steve Cochran raised questions about the Pershing County drug court’s adherence to Best Practice standards.
The judge ordered the drug court to provide a written response to the issues raised in the courtroom. He intended the panel to respond as a whole, noting that the new administrator, Kate Martin, took over amid the pandemic.
“I’m not sure how it’s been shown that Mr. Garretson suffered adverse consequences because of the panel,” said Judge Shirley. He said Garretson’s placement at Idaho House was in response to a personal crisis beyond a positive drug test.
“I don’t think he should go to prison,” said DDA Todd Banks. “I wish the situation was more about Mr. Garretson. He’s a likable young man, always respectful and forthright. I hope he gets a handle on things. Based on what happened, we recommend he’s removed from diversion and reinstated on basic probation.”
“If Mr. Garretson is to get intensive treatment, those services are going to have to come from outside the community because they don’t exist here,” continued Banks. “If the court has some sort of alternative means of finding services that work with his opioid addiction and wants to keep diversion open, I’m not going to fight that. At the end of the day, I want what’s best for him in overcoming his addiction.”
Cochran argued for a continued chance at diversion, which would allow the defendant to withdraw his guilty plea after completion of a court-supervised program.
“Mr. Cochran, you gave a good wake-up to what the drug court’s doing or not doing,” concluded the judge. “I’ve always said we should look for ways to improve the drug court, but unfortunately, in the rurals, you sometimes have to pick your battles. We have to adopt a program that works within the confines of the services we have. Bottom line, the drug court did the best they could with the tools they have.”
“If I take drug court out of the mix where do I get the services that Mr. Garretson will need for diversion?” he asked. “By definition, diversion has a treatment component.”
He’ll take the matter under advisement and voice his decision on the next Law and Motion Day.
