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District Court -- February 9th

District Court -- February 9th
Jose Diaz-Macias Photo Courtesy of Nevada
Department of Corrections

The Tenth Judicial District Court convened Tuesday, February 9th, 2021, with Judge Tom Stockard presiding.

Jose Diaz-Macias (in the custody of the Nevada Department of Corrections) was sentenced on multiple counts of assaults with a dead- ly weapon in which several were victims named in the criminal complaint. According to Assistant District Attorney (ADA), Priscilla Baker, at or near 385 Stillwater Avenue on April 10th of last year, Diaz-Macias went to the first victim’s home and pulled a gun, then pulled a gun on a neighbor, and finally pulled a gun on three other men. Baker reported that the three men had heard Diaz-Macias verbally assault his girlfriend in an alley and tried to stop the assault. Diaz-Macias later sent his girlfriend threats to force her to testify in an untruthful manner for his benefit regarding these charges. For each Assault with a Deadly Weapon count, he was sentenced 26-66 months in prison, with the terms to run concurrently. For Bribing or Intimidating a Witness to Influence Testimony, Diaz-Macias received 24-60 months, to run consecutively to the first two counts. He opted for an aggregated sentence of 50-126 months in prison (wherein consecutive sentences are combined into one sentence for the purpose of parole eligibility and sentence expiration) to run concurrently with the term he is presently serving. He will receive credit for 263 days of time-served.

Eugene Albert Mauwee III (in custody) pled guilty to a single count of false imprisonment, a gross misdemeanor with a penalty of up to 364 days in the Churchill County Jail. Charles Woodman Esq., defense counsel for Mauwee, stated that on June 18th on Auction Road, his client blocked an apart- ment door to keep people from leaving the residence. Mauwee said that they were all under the influence of methamphetamines. He believed that there were people outside trying to harm them, so he blocked the door in an effort to protect his friends. Stockard sentenced Mauwee to 275 days in the Chur- chill County Jail and will receive credit for 263 days of time served.

James Leon McClain appeared on charges of Possession of a Controlled Substance a Category E Felony that carries a potential penalty of 1-4 years in prison. According to the allegations, on January 12th, McClain Jose Diaz-Macias Photo Courtesy of Nevada Department of Corrections was in possession of methamphetamines. McClain pled guilty and received probation on a suspended sentence and was placed in the Western Regional Drug Court program. Brian Nigel Pettway appeared for sentencing for Driving Under the Influence (with a prior felony DUI conviction), a Category B felony that can carry 1-6 years in prison. Public defender for Pettway, Jacob Sommer, stated that Pettway has been a model client. He understands that this is a mandatory prison case, but asked the court for a compassion- ate sentence with the minimums imposed. Pettway addressed the court stating that he realized his addiction to alcohol turns him into a true Jekyll and Hyde. Pettway received a sentence of 24-72 months in prison.

Patrick David Sannella appeared on charges of Battery that Constitutes Domestic Violence, a Category D felony that can carry up to six years in prison. In domestic violence cases, battery becomes a felony if there is strangulation, use of a deadly weapon, or substantial injuries. Sannella was also charged with Intimidating an Officer with Threats of Force, a Category C Felony that carries 1-5 years in prison. Due to a conflict of interest with Sanella’s current public defender Charles Woodman Esq., the case was continued and reassigned to Wright Noel with the Churchill County Public Defender’s Office.

Brent Lee Smith pled guilty to Driving Under the Influence Causing Death or Substantial Bodily Harm, a Category B Felony with a penalty of 2-20 years in prison. According to Jacob Sommer with Churchill County Public Defender’s Office, on September 20th, Smith was operating a motor vehicle with a pro- hibited amount of marijuana in his blood. An accident resulted where the passenger of the vehicle was killed. Sentencing is scheduled for May 4th.


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COMMENTS
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