On Tuesday, November 9, Shawn Tosh Hartzell appeared in the Tenth Judicial District Court before Judge Thomas Stockard on two charges related to the sexual assault of a minor. The charges include (1) Abuse, Neglect, or Endangerment of a Child, a Category B Felony punishable by 1-6 years in prison and (2) Lewdness with a Child Under the Age of 14, a Category A felony which carries a penalty of life in prison with the possibility of parole after ten years, lifetime supervision, and lifetime sex offender registration. Hartzell is currently in the custody at the Churchill County Jail.
After his arrest last March, Hartzell was appointed a public defender from Churchill County Public Defender’s Office by Justice Court Judge Benjamin Trotter. He waived his right to a speedy trial and later retained Steve Evenson, Esq. According to Evenson, he met extensively with his client before Tuesday’s proceedings and was confident that Hartzell’s plea was well informed and in his client’s best interest.
According to the terms of the agreement entered into with the State, Hartzell pled no-contest, per Alford. The Alford plea is the guilty acceptance of a crime when the defendant claims innocence in the activity. Unlike a simple nolo contendere (no contest) plea, the defendant accepts the full ramifications of a guilty verdict and the prescribed penalties without first admitting to committing the crime. Judge Stockard accepted Hartzell’s plea, informing him that a no-contest plea is treated no differently than a guilty plea at the time of sentencing.
Judge Stockard inquired about Hartzell’s understanding of the charges, penalties, and the terms of the plea agreement to which he entered. Evenson informed the Court that he met with Hartzell ten to 12 times and has had multiple phone conversations discussing his case. “My client has a full and comprehensive understanding of this agreement,” Evenson said.
Chief Deputy Lane Mills stated to the Court that should the case have gone to trial, the State was prepared to prove that between August and November of 2019, Hartzell did sexually abuse a minor child, between the age of six or seven years old at the time of the alleged event. Additionally, he also did touch a juvenile under the age of 14 for the purpose of sexual arousal at another time.
According to Evenson, Hartzell has maintained his innocence since his arrest. He entered into the plea agreement considering the seriousness of the other charge and the possibility of life in prison. Additionally, this agreement allows him to avoid the risk of going to trial. Initially, Hartzell faced three counts of Sexual Assault of Child Under the Age of 14, which is punishable by life in prison with the possibility of parole after 35 years (per count), two counts of Lewdness with a Child Under the Age of 14, and two counts of Child Abuse, Neglect, or Endangerment.
“The decision was based on a risk-benefit analysis,” said Evenson, “and I am not in a position to disagree based on the facts as alleged in the police reports.” When asked by Judge Stockard if he entered into the agreement willingly and if believed that this plea was in his best interest, Hartzell stated, “It is the only choice I have that will not put me behind bars for life. I have read through the stuff and it’s conflicting. The charges are astronomically wrong – but I cannot prove they are astronomically wrong. Other than the DNA proving that I did not do it.”
Judge Stockard accepted the factual basis supporting the plea and set the matter for sentencing on February 8.
Note: In Nevada, child abuse can be neglect or endangerment, physical abuse, mental abuse, sexual abuse, or sexual exploitation. Additionally, 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. If there is more than one victim or more than one incident in which the alleged sexual assault occurred, defendants can face multiple counts.
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