Richard Scott Gardner (in custody) appeared in Justice Court on Monday, November 1, before Judge Ben Trotter. Gardner was arraigned on multiple charges, including; (1)Possession of a Schedule I or II Controlled Substance (less than 14 grams), a First or Second Offense, a Category E felony that carries a potential penalty of 1-4 years in prison. (2) Ex-Felon in Possession of a Firearm, a Category D felony that carries a term of 1-6 years, and Use or Possess Drug Paraphernalia, a misdemeanor punishable by up to 364 days in jail. Additionally, Gardener was arrested on an open warrant related to a 2016 conviction for Domestic Battery Causing Substantial Bodily Harm.
According to the criminal complaint, on October 26 at 601 Gummow Drive, Gardner allegedly had methamphetamine in his possession, a glass smoking device with residue, and a silver Lorcin semi-automatic pistol.
During the proceedings, Gardner stated that he did not understand the charges presented against him. Trotter assigned the Churchill County Public Defenders’ Office to represent Gardner, after which CCPD Jacob Sommer requested Gardner be released on his own recognizance. ADA Priscilla Baker’s objected to an OR release based on Garnder’s extensive criminal history, which dates back to 1993 and includes multiple violent offenses. However, Judge Trotter granted the release as there was no indication of any prior Failure to Appear warrants. Additionally, Gardner is a Fallon resident with children in the community. His release is conditional based on the requirement that he check in daily with Court Services, submit to random drug tests, and abstain from using drugs or alcohol, including marijuana. Gardner told the Court, “Marijuana makes me stupid; I don’t mess with that.”
Regarding the open warrant, Judge Trotter informed Gardner that the Court did not receive proof that he had completed domestic violence counseling, as is required by statute. Gardner stated that he had completed all the needed counseling and did not know why the court had no paperwork. Judge Trotter told Gardner that it is his responsibility to ensure the Court receives the documentation. Failure to do so will result in another warrant.
Gardner is scheduled to appear for a status hearing on Thursday, November 4.
Comment
Comments