Justice Court Benjamin Trotter arraigned Russel Barnard on multiple charges of sexual assault of a child on Tuesday, March 3
According to the criminal complaint, Barnard is accused of allegedly:
Count 1: Administering a Controlled Substance to Aid Commission of Crime of Violence a Category B Felony which can carry 1-20 years in prison. The allegation is that on or about February 21 thru 22, Barnard gave a known but unnamed child marijuana with the intent to enable or assist the defendant in committing lewdness with a child, a felony and or sexual assault, a felony.
Count 2: Allowing a Child to be Present During the Commission of Certain Violations (which involves controlled substances other than marijuana), a category C Felony. The allegation states that Bernard used methamphetamines with child was present in the residence. According to Nevada statute, penalties for this crime are based on whether or not the child suffered substantial bodily harm. If it is found that the child did not, the crime is a Category C Felony that carries 1-5 years. If the child incurs substantial bodily harm, the crime is a Category B Felony that carries a sentence of 6-20 years and may be fined up to $20,000.
Counts 3-5: Lewdness with a Minor Child Under 16, Category A Felony. A first offense includes the following punishment, life in Nevada State Prison
with the possibility of parole after ten years, sex offender status, and the possibly a fine of up to $10,000. According the allegations, Barnard committed three separate illicit acts with a 14 year old child for the purpose sexual gratification, which constitutes three individual charges.
Counts 6-7: Sexual Assault (x2), a Category A Felony that carries life sentence as well as lifetime sexual offender registration in Nevada. Whether a defendant can be released on parole depends on the age of the victim, if substantial bodily harm is incurred, and the defendant’s criminal history. Nevada statutes defines sexual assault (rape) as any “act that subjects another person to sexual penetration, or forces another person to make a sexual penetration on himself or herself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his or her conduct. The allegations state that Barnard did commit two separate acts that qualify as rape under statute, against the victim and against her will.
Count 8: Abuse, Neglect, or Endangerment of a Child, a Category B Felony. If the child sustains substantial bodily harm or mental harm, the penalty is 2-20 years in prison. The criminal complaint alleges that the defendant further committed a sexual act, causing the child to be placed in a situation where she could suffer physical pain or mental suffering. In Nevada, sexual assault of a child technically qualifies as two separate crimes: (1) child abuse and (2) sexual assault. However, “double jeopardy” protects defendants from being convicted of a similar offense for the same behavior. Defendants accused of sexually assaulting a minor can either be convicted of child abuse or sexual assault, but not both.
Count 9: Manufacture, Importation, Possession or Use of Dangerous Weapon or Silencer: Carrying a Concealed Weapon Without a Permit, a First Offense a Category C Felony that carries 1-5 years. The allegations state that on or about February 26, near Tarzyn Road and Yucca Lane, the defendant was found concealing a Smith and Wesson .40 caliber handgun.
Count 10: Embezzlement of Property Valued $650 - $3,500, a Category C Felony that carries 1-5 years in prison. On or about February 26, at the same location, Barnard borrowed the .40 caliber Smith and Wesson handgun from a coworker, kept the pistol and would not return it. The defendant was appointed to the Churchill County Public Defender’s Office. A status hearing was scheduled for March 4 at 10 am.
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