Rocky Wells Lands 60 Days for Probation Violation

Rocky Emerson Wells, 45, appeared before Tenth Judicial District Court Judge Thomas Stockard Monday for an evidentiary hearing on an alleged probation violation, six months after Stockard granted him probation on a felony firearm conviction, a case in which a plea agreement dropped 16 of 17 charges relating to possession of cocaine, fentanyl, guns, as well as other charges.

Wells was taken into custody in the Walmart parking lot following a Fallon Police Department investigation into the report that Wells had violated a Temporary Protection Order. He was subsequently booked into the Churchill County jail Aug. 21 on that charge, which was deemed a potential nontechnical sentencing/probation violation.

On Sept. 15, Wells denied the violation in District Court. However, more than three hours into Monday’s evidentiary hearing, following testimony and multiple viewings of eight Walmart surveillance clips capturing the encounter, Wells admitted to the violation.

Fallon Police Department Officer Kieran Wilson and Sgt. Joshua Schumann testified that the video footage showed Wells coming into contact with Angelina Ferguson, the aggrieved party named in the TPO, on Aug. 21.

Throughout witness testimony, Wells’ attorney, Steve Evenson, argued that Ferguson initiated all contact. Footage appeared to show Wells approaching Ferguson and the man she was shopping with. Evenson argued that Wells was approaching the man, whom he was not prohibited from contacting, and that Ferguson stepped between the two men in one of the videos. Other clips also showed Wells and Ferguson in close proximity.

In the last clip, Ferguson could be seen hurrying to interact with Wells as he was leaving through the Walmart grocery area entrance. Evenson again asserted that it was Ferguson who approached Wells, stating, “She clearly comes up to him.”

After Schumann testified that approaching someone standing next to the protected person could constitute contact, Evenson challenged that interpretation. “You’re, in essence, making up the law at that moment, aren't you?”

Schumann replied, “No, I'm not making up the law.” To which Evenson said, “Well, then explain to me the basis for your legal conclusion that you reached to put this man in handcuffs.” Schumann then conceded that Ferguson initiated contact in some of the videos.

Wilson, who was the lead officer on the case, was asked similar questions by Evenson during cross-examination. Wilson explained that in investigating the reported potential TPO violation, he determined that Wells violated item three listed on the order, which stated, “do not contact,” or what he interpreted as “no contact.”

Evenson asked Wilson, as well as Walmart’s asset investigator who provided the videos to the Fallon Police Department, why the video footage of the parking lot was not obtained, alleging that Ferguson followed Wells to the parking lot, got into his car, and spoke to him. The parking lot video would have been “a critical piece of evidence that impacts somebody's freedom,” Evenson said.

Evenson further argued that while Wells may have been in proximity, he did not “contact” Ferguson.

The state, represented by Senior Deputy District Attorney Chelsea Sanford, questioned both officers about what they determined from the video footage and about statements given by both Ferguson and Wells when questioned. Both testified that Ferguson and Wells gave conflicting accounts of the interaction. And, while there was some question as to who approached whom, Wilson, the lead officer on the case, maintained that contact was made; therefore, Wells violated the protection order.

Nearing the end of the session, the court was preparing to continue the matter to another day to allow time for Sanford to call two additional witnesses when Evenson informed Judge Stockard that the defense had reached an agreement with the state. Wells then admitted to the violation.

Stockard noted there were “mixed messages” surrounding Wells’ conduct, but said it fell short of what he expected. He also reminded Wells that the court could impose his underlying 28- to 72-month prison sentence. “I'm not going to do that. I don't think this was egregious enough,” Stockard said.

Stockard instead imposed a 60-day jail sanction, granted Wells 45 days of credit for time served, and reinstated him on probation under his previous conditions.