Law and motion day at the 11th Judicial

The Pershing County 11th Judicial met on Monday, April 4, Judge Jim Shirley presided. DDA Todd Banks and Deputy Attorney General Kelli Gallimore represented the State of Nevada. Steve Cochran and Kyle Swanson defended clients. Sally Wilcox came from the Division of Parole and Probation.

• Jose Augusto Trejo, 29, of Bakersfield CA, pleaded guilty to possession of a credit or debit card without cardholder’s consent. 

He admitted that on Jan. 24, 2022, he possessed a Visa card that belonged to somebody else. 

The offense is a Category D felony, punishable by one to four years in prison and fines up to $10,000. The court may also grant probation.

In exchange for the guilty plea, the DA’s Office dismissed one count and will not file further charges. Trejo may have to pay restitution to the victim. The court has not yet determined the amount. 

Judge Shirley ordered a PSI (pre-sentencing investigation report) and remanded Trejo to the custody of the sheriff. The defendant returns to court for sentencing on June 6. 

• Cynthia Sellars, 40, of Fallon, came to court for sentencing. She previously pleaded guilty to unauthorized custodial conduct with an inmate by an employee. The incidents occurred at Lovelock Correctional Center between February 2020 and April 2020 when Sellars was employed as a correctional officer.

Attorney Steve Cochran emphasized that Sellars had no criminal history before she gave messages and photos to an inmate. “It’s a crime only because of her employment with the State of Nevada. No one was harmed or damaged by the action,” he said. He argued that her behavior was not malicious, but a “poor decision of the heart.”

Deputy Attorney General Kelli Gallimore represented the State of Nevada. She said the defendant’s conduct created security concerns for the inmate and other correctional officers.

Sellars expressed remorse.

The judge granted one year of probation. Sellars must pay a $1,500 fine and $28 in court fees. She must also perform 48 hours of community service. If she does not complete probation, she could face prison time.

• Christopher Lee Martin (AKA Christopher Lee Smith), 44, faces sentencing for failure to register as a sex offender. He is in jail seeking treatment for substance abuse. 

Cochran asked the judge to continue the hearing in two weeks on the next law and motion day on April 18. In the meantime, the judge remanded him to the custody of the sheriff.

• Judge Shirley released Alyssa Jean Lewis, 30, from drug court. Attorney Kyle Swanson, said Lewis did not want to stay in diversion, which is a voluntary program. 

She must pay $245 in drug court fees. Lewis will remain in custody until sentenced by Judge Karen Stephens in the lower court.

“It’s a sad day,” said the judge. “You could have done the drug program and had no criminal responsibility.” 

• James Ernest Burrows, 56, came to court for a plea hearing. However, it was continued until Apr. 18. since his attorney did not attend the proceeding. Burrows faces allegations of domestic battery by strangulation. He denies the charges. The judge said he is trying to move the case along. 

• In November 2020, Vadim Marmer, then 35, of San Francisco, pleaded guilty to possession of a controlled substance, psilocybin mushrooms. 

He requested diversion, the chance to withdraw his guilty plea after completing the out-of-state drug court program. 

On Monday the court rescheduled his review hearing for April 18 since his attorney was not available.