Gustavo Carillo, a 56 year old man from Reno, pled guilty to a gross misdemeanor conspiracy to carry a concealed weapon.
Carillo was on his way to Oklahoma when Humbolt County police stopped him on a traffic violation for speeding. Upon stopping him, it was discovered that Carillo had an old traffic warrant out of Sparks.
Police performed a pat down search after arresting Carrillo and found a 22 revolver in his pocket, a discovery that led to the charge of conspiracy to carry a concealed weapon.
“He was driving a long distance with his family. I think it’s prudent to have a gun in your possession but not on your person and not in that manner. We’re grateful that the state offered a gross misdemeanor from a reduced felony charge. This was a momentary lapse in judgment by my client,” Carillo’s attorney, Richard Davis, said in his argument to the court.
Carillo has no previous criminal record, other than 14 traffic violations in the past 25 years. Though the defendant and the DA’s office originally had a plea agreement for probation, at the sentencing hearing the DA’s office requested this be a fine only sentencing.
With the defendant’s lack of criminal history, Sixth Judicial Court Judge Mike Montero emphasized the difficulty of this case.
“I’m taking my time because this is a difficult case. It may not seem like it because the charge is a gross misdemeanor and I have a defendant with no criminal record. But of course, do you understand what you did was against the law? [Defendant Responded “Yes”] So, there must be a consequence but for someone who owns your own business and doesn’t have a criminal record it is difficult for me to impose a sentence on you.” Judge Montero said.
The court ruled as follows: Carillo was found guilty to gross misdemeanor of conspiracy to carry a concealed weapon. The defendant was ordered to pay $25 Administrative Assessment Fee + $3 DNA collection fee + $750 fine
