Adam J. Eisenhauer appeared in the Tenth Judicial District Court before Judge Thomas Stockard for an arraignment on two charges related to the sexual assault of a child. Eisenhauer, who was present with Churchill County Public Defender Jacob Sommer, was arraigned on charges of (1) Sexual Assault on a Child Under the Age of 16, a Category A Felony that carries a penalty of life in prison after 25 years, and (2) Attempt to Commit Lewdness on a Child with a Child under the Age of 14, a Category B Felony punishable by 2-20 year in prison. In addition to prison sentences, a conviction also means lifetime supervision and sex offender registration.
Churchill County Public Defender Jacob Sommer told the court Eisenhauer was initially charged with ten similarly serious offenses. Sommer reported he met with Eisenhauer approximately 14 times to ensure his client had full access to all discovery material and he fully understood the evidence against him and the potential penalties for each charge.
Assistant District Attorney Jeffery Weed stated Eisenhauer was originally charged with six Category A Felonies (the most serious type of felonies) and three Category B felonies, all related to the sexual assault of a child, lewdness with a child, and child abuse. Weed said the state’s evidence showed on October 19, 2021, Eisenhauer sexually penetrated an 11-year-old minor through oral means. On the same date, Eisenhauer attempted to have the same child touch his genitals to cause arousal.
Plea negotiations resulted in eight dropped charges and two counts being prosecuted. Eisenhauer pled no contest per Alford to both charges. Judge Stockard explained to him that a no-contest plea is essentially a guilty plea from the court’s view. However, in an Alford plea, the defendant never admits guilt. Based on North Carolina v. Alford (1970), the Alford plea is the guilty acceptance of a crime, although the defendant claims innocence in the activity. The defendant accepts the full ramifications of a guilty verdict and the prescribed penalties without admitting to committing the crime.
According to Sommer, Eisenhauer has had contact no with the victim since his arrest and subsequent bail release. Additionally, the child named in the case has been removed from the mother’s home by DCFS, which is conducting an ongoing investigation.
Judge Stockard addressed Eisenhauer’s custodial status, as he is currently out on bail. ADA Weed expressed concern that Eisenhauer and the mother of the child victim were recently married and that she is currently pregnant. Weed also stated that the State believes Eisenhauer poses a potential flight risk simply because he was facing a sentence of 25 to life. In response, Stockard ordered Eisenhauer to be supervised by Court Services until sentencing, check in daily, and have no contact with the victim.
By Nevada statute, Sexual Assault of a Child Under the Age of 16 is non-probatable unless the defendant submits to a psychosexual evaluation and risk assessment. However, even with an assessment, the possibility of probation for Eisenhauer is unlikely if recently prosecuted child sexual assault cases in Churchill County serve as an indicator. The defense has not yet stated whether or not they plan to obtain an evaluation. Sentencing was set for August 16.
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