Jeffery Scott Martin was recently ordered to carry out 364 days in jail on a gross misdemeanor offense of carrying a concealed weapon, a charge for which he was previously on a deferred sentence program.
At a probation violation hearing on August 24, 2021, Martin admitted to nine individual violations of his probation terms, including using controlled substances, not being employed or following the financial requirements of the program, including paying a $25 administrative assessment and $3 DNA collection fee.
Martin also has another felony drug case pending with the court, in which he is expected to apply for the diversion program in which he would enter drug court or another treatment.
“My thought is, recommendation notwithstanding, is that the best thing for Mr. Martin is that he be reinstated on probation after a judgment of conviction that he complete drug court, which is the same thing we’re going to be asking for in his other case,” said Humboldt County Public Defender Matthew Stermitz.
The department of parole and probation recommended that the court rescind the diversion program after Martin admitted to the probation violations, and order him to serve a maximum 364 days in jail.
Martin appeared for another probation violation hearing in January 2021 and had previously gone to treatment, returned to Winnemucca and relapsed.
Humboldt County Deputy District Attorney Kevin Pasquale said that continuing probation would be a waste of time and that Martin has done nothing to fulfill any of his probation requirements thus far, recommending that the court order 364 days in jail.
“He failed to appear and committed two separate felonies and got arrested and had dope in his pocket,” said Pasquale. “I think that we have to start somewhere and continuing probation at this time is a waste of time, we need to start building a record.”
Martin said he has a close family member in the hospital and that he’s ready to do anything it takes to be a part of society.
“I’d like to say that I’m grateful for this time away because it’s given me time to think about what I want,” said Martin. “I’m willing to go to any length to stay clean and sober. My loved ones and friends are sick of me messing up.”
The diversion program was rescinded and Martin was ordered to carry out 364 days in jail on the gross misdemeanor conviction, with 108 days credit for time already served. He was reinstated on probation with all previous conditions, including a $153 DNA collection and analysis fee and $25 administrative assessment fee.
