The Pershing County 11th Judicial District Court met on Monday, April 18. Judge Jim Shirley presided.
On Jan. 29, law enforcement booked Daniel Nicholas Eggers, then 33, of Imlay, NV, for custodial kidnapping. He allegedly failed to bring a child to a court-appointed visit with the mother, instead leaving the state with the child.
At his arraignment on March 7, Eggers pleaded not guilty to the B felony. Judge Jim Shirley set the trial for May 16, 17 and 18. Mediation was not successful.
Eggers came to court from jail on Monday for a pretrial conference. Defense attorney Kyle Swanson observed that Judge Shirley had presided on the civil portion of the custody case.
Swanson and Eggers have discussed whether the judge should also oversee the jury trial. The defense attorney raised the issue of potential bias. The judge advised Swanson to file a motion to that effect.
The attorney and client differ on who to subpoena for the trial. The judge explained to Eggers that the attorney has priority in the day-to-day operations of his case. Eggers has priority on whether he goes to trial or pleads.
“If you want a new lawyer you’ll have to pay,” said the judge. Eggers chose to proceed with Swanson.
If the State, represented by DA Bryce Shields, proves its case, Eggers could face one to four years in prison and fines up to $10,000. It is also a probation-eligible offense.
• Christopher Patrick Green, of Wisconsin, participated in his review hearing by phone. So did his attorney, Jesse Kalter. If Green proves he completed court-ordered counseling, the judge will discharge him from probation. He will also set aside Green’s conviction for transporting a controlled substance in 2019.
• James Ernest Burrows, 57, came to court for a plea hearing represented by Steve Evenson. He entered a no-contest Alford plea to attempted burglary, an E felony. The judge sentences him on June 20.
Christopher Lee Martin came to court from jail for sentencing for failing to register as a sex offender. The defendant admitted the omission during a traffic stop and has rectified the mistake. He has spent 77 days in custody.
Steve Cochran entered Martin’s substance abuse evaluation into evidence. He asked the court to follow the recommendations of the plea agreement and suspend the case. He noted Martin’s forthrightness with law enforcement and the loss of multiple family members while in jail. He has also had severe health issues.
The judge gave Martin 19-48 months in prison, suspended, with probation not to exceed 18 months. He has an additional year to complete substance abuse treatment. He got 77 days credit for time served. Martin will be tested through the Pershing County drug court.
