The 11th Judicial Court met on Monday, Jun. 6 with Judge Jim Shirley presiding. Officer Matt Koepke represented the Division of Parole and Probation. DA Bryce Shields argued on behalf of the State of Nevada. Defense attorneys included Steve Cochran, Robert Dolan, Steve Evenson and Rendal Miller.
Sentencing hearings
James Trent Goodbaudy admits to calling the DA’s Office about zoning issues and threatening the code enforcer with lawsuits. According to court documents, he held himself out as an attorney.
Goodbaudy, a believer in limited government rights, recorded his conversation with the code enforcer and posted it on YouTube using her name. His channel, ‘Freedom from Government,’ has about 92,000 subscribers.
According to attorney Steve Cochran, Goodbaudy regrets his actions and does not want to intimidate anyone. He argued for a suspended sentence for the gross misdemeanor with seven days credit for time served.
“I apologize for my actions. I’m too old to be in this situation,” Goodbaudy said.
The judge sentenced the defendant to 364 days in jail, suspended, with one year of probation. He granted seven days credit for time served.
As a special condition, Goodbaudy must write a letter of apology to the code enforcer. He said he had already done so.
Goodbaudy must also admit he was wrong on his YouTube channel. The defendant said he already did, but would do so again.
Jose Augusto Trejo, of Bakersfield, Calif., faced sentencing for possession of a vehicle without the owner’s consent. The victim recovered the car, incurring out-of-state travel expenses.
Cochran argued for a suspended sentence, saying Trejo had intended to take over the car payments. However, DA Bryce Shields characterized Trejo as a violent felon who needed to be taken off the streets and removed from society.
The judge gave Trejo 19-48 months in prison with 134 days credit for time served.
“Mr. Trejo, your history speaks against you. You’ve been in prison once and on probation five times. I think you need to go to prison,” he said, before wishing Trejo luck.
The defendant took the news stoically, showing minimal reaction. He must pay $1,691.29 in restitution and $178 in court costs.
Arraignments
Maggie Kathleen Gallagher, 31, pleaded guilty to grand larceny of personal property, a C felony. The crime occurred on Mar. 10, 2022. The court appointed Robert Dolan to represent the defendant.
Grand larceny is punishable by 12 to 60 months in prison. Probation is also a possibility at the judge’s discretion. Dolan argued for Gallagher’s release from jail pending her sentencing hearing on Aug. 1.
DA Shields did not oppose Gallagher’s release as long as she abides by specific conditions —
See, Court, Page 28
residence with parents, drug testing and a 10 p.m. curfew.
She may have to pay restitution as part of the sentence.
The court arraigned Daniel Nicholas Eggers on charges of escaping from lawful custody. The alleged incident occurred on May 9, 2022.
Eggers pleaded not guilty to the B felony, which is punishable by 12 to 120 months in prison and a $10,000 fine. It also qualifies for probation.
The court scheduled the trial for Jul. 11,12 and 13.
Review hearings
Debony Lanier Maffett II participated in his review hearing by telephone from Texas. The court wanted to make sure he’s receiving the required supervision and services from Veteran’s Affairs.
“I like the direction Mr. Maffett is headed in, but I think we need to meet periodically,” the DA said. The court scheduled the next review hearing for Jul. 18.
Law enforcement booked Danilio Gustavo Moreno, of Vallejo, Calif., on Apr. 18, 2022, for failing to stop on the signal of a police officer and driving aggressively, first offense.
Moreno pleaded not guilty at his arraignment on May 16. Since then, he chose to stay in jail despite a stipulated OR (own recognizance) release.
At Monday’s review hearing, Moreno said he did not want to leave jail without his car. The judge informed him that it was released to a friend. Further discussion revealed that the friend has the car in California. The judge set another review hearing for Jun. 20.
The court honorably discharged four defendants from probation, sealing their records and allowing them to withdraw their guilty pleas. The Division of Parole and Probation said they had met all the required conditions.
Pretrial hearing
James Brian Anderson denies allegations of battery causing substantial bodily harm, a C felony. He appeared for a pretrial hearing on Monday, defended by Rendal Miller. Anderson’s trial is scheduled for Jul. 11, 12 and 13.
However, the DA asked the judge to vacate the trial date. He and Miller hope that a settlement conference will resolve the issue.
Anderson returns to court for a follow-up hearing on Aug. 1.
What are the 11th Judicial rules regarding drug testing of defendants before arraignments and sentencing hearings?
• Under specific circumstances, criminal defendants who appear for arraignments or sentencing hearings must come to court 30 minutes early and submit to drug testing.
• The rule applies to defendants released on their own recognizance on the condition that they abstain from controlled substances or alcohol.
It also applies to those facing charges involving the ‘transport, sale, use or possession of controlled substances.’
• If a defendant tests positive, their attorney can request a continuance (postponement) of the hearing to ensure the defendant is not too impaired to participate in the hearing.
• The results will not be used for the prosecution of any criminal charge.
However, a positive test may result in a violation of OR (own recognizance) release and result in a jail stay until the next hearing.
• If the defendant wants to keep the information out of the newspaper, the request for a continuance need not mention the positive test.
(Continuances are granted for many reasons. The Lovelock Review-Miner does not report on the results of pre-hearing drug tests).
(adapted from an amended administrative order dated May 11, 2020)