The latest in a long line of sexual assault cases finally made its way through Churchill County's judicial system to be heard in the Tenth Judicial District Court by Judge Thomas Stockard.
Shawn Tosh Hartzell, 50, appeared for sentencing on Tuesday, April 6, on two charges related to the sexual assault of a minor. The charges include Count (1) Abuse, Neglect, or Endangerment of a Child, which is punishable by 1-6 years in prison. Sexual assault of a child technically qualifies as two separate crimes: (a) child abuse and (b) sexual assault. In Nevada, child abuse can include neglect or endangerment, physical abuse, mental abuse, sexual abuse, or sexual exploitation. 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 one incident, defendants can face multiple counts, which occurred in Hartzell's case. Count (2) is for Lewdness with a Child Under the Age of 14, which carries a mandatory prison sentence of life in prison with the possibility of parole after ten years. Under Nevada statute, lewdness with a minor is any lewd or lascivious act upon the body of a person under the age of 14 for sexual gratification.
Hartzell has maintained his innocence since his arrest in March of 2021 and throughout all proceedings. He entered a no-contest plea per North Carolina v. Alford (1970) last November on both counts. The Alford plea is the guilty acceptance of a crime when the defendant claims innocence in the activity wherein the defendant accepts the full ramifications of a guilty verdict and the prescribed penalties without first admitting to committing the crime.
During Hartzell's arraignment, Chief Deputy District Attorney Lane Mills told the court that the state was prepared to prove that between August and November of 2019, Hartzell sexually abused a minor child between the age of six and seven years old. Additionally, he also touched a juvenile under the age of 14 for sexual arousal.
"The impact on a child's life is immeasurable," said Mills, "and victims depend on us to protect them." Mills told the court the abuse was repeated and continued over time. He asked the court to sentence Hartzell to the maximum, stating that keeping Hartzell for as long as possible was to keep other potential victims protected as long as possible.
Steven Evenson, Esq., retained defense counsel for Hartzell, did not argue for probation. Nevada state statute mandates ten years to life in prison upon a conviction of Lewdness with a Child Under the Age of 14. Instead, Evenson urged the Court to consider running the Hartzell's sentences concurrently, stating, "The initial charges would have effectively buried him under the jail. Looking at the facts of the case and the decisions he was supposed to make, but maintaining his innocence, he chose to enter a no-contest plea per Alford to the charges before this court. Those were decisions of a huge nature and required Mr. Hartzell to come before this court and say, 'I will sacrifice a decade of my life and pay the debt that society deems I pay.'"
Evenson told the Court that he is fully confident that his client would be a good candidate for concurrent sentences stating that Hartzell has always maintained employment and been a tax-paying citizen. Again, he stressed that his client continues to maintain his innocence. "He understands factually why he is in this position; he apologizes to everyone involved and wishes no one here today had to deal with the charges alleged against him and have been accepted by the court."
Two victims delivered testimony in closed court to protect one victim's minor status and the indemnity of those testifying. Before handing down the sentence, Judge Stockard asked Hartzell if he had anything he wanted to tell him before he proceeded, to which Hartzell replied, "I have said everything I needed to say."
On the first count, Abuse, Neglect, or Endangerment of a Child, Stockard sentenced Hartzell to 24 to 60 months in prison. On the second count, Lewdness with a Child Under Age 14, he was sentenced to a minimum of ten years to life in prison, with the term to be served consecutively to Count 1. Hartzell will serve a minimum of 144 months in a Nevada State prison. He was given 381 days of pre-sentence credit for time served and remanded to the custody of the Churchill County Sheriff's Office pending transport to the Nevada Department of Corrections for the imposition of the sentence.
Domestic Violence Intervention Fallon Crisis Line: 775-427-1500 24-hours https://www.dvifallon.org/resources/ or check out https://www.thefallonpost.org/news/4451,following-the-sexual-assault-resources-that-can-help for additional sexual assault resources.
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