Jeffrey Martin and Danny Borcher were recently given the opportunity to complete the Humboldt County Drug Court program on a category E felony drug possession charge on a diversion program.
Martin was given the opportunity to complete a drug court diversion program in which he can rescind his felony guilty plea following successful completion of all the program requirements.
As a part of the diversion program, Martin was placed on 18 months probation which includes abstention from drugs, alcohol, cocktail lounges, casinos, bars, liquor stores, dispensaries, etc.
The Humboldt County Drug Court program is approximately 18 months and the court ordered a $250 public defender fee, $60 forensic fee, $25 administrative assessment fee and $3 DNA collection fee.
Martin was ordered to follow all recommendations from a mental health provider.
Borcher was deemed to have issues with opioid use, Humboldt County Public Defender Matthew Stermitz said Borcher has been engaged with pretrial services through Sixth Judicial District Court and that he desires to engage in treatment and counseling.
“Mr. Borcher is a lifelong resident of Winnemucca, I don’t think he’s going anywhere but I assume until he gets his programming right there’s probably going to be some setbacks,” said Stermitz.
The state didn’t oppose either defendant’s application for diversion.
“I just know I need help and can’t do it on my own obviously,” said Borcher.
Sixth Judicial District Court Judge Michael Montero said that the law binds the court to ordering a diversion program for a category E substance possession felony, but could send the defendants to prison if noncompliance of required programming is an issue.
As part of the 18-month probation and diversion program, Borcher was ordered to abstain from the use/purchase/consumption of alcohol and controlled substances including marijuana and from being in smoke shops, vape shops, dispensaries, etc.
Borcher was ordered to pay a $250 public defender fee, $60 forensic fee, $3 DNA collection fee and $25 administrative assessment fee, as well as follow the recommendations of health provider recommendations and substance abuse recommendations.
