Law and Motion from District Court

The Tenth Judicial District Court convened Tuesday, February 7, Judge Thomas Stockard presiding. 
Mark Antonio Graham pled not guilty to a Category B Felony of Battery with a Deadly Weapon Causing Substantial Bodily Harm to a Victim, which carries a potential penalty of 2-15 years in Nevada State Prison and a fine of up to $15,000. At defense counsel Joseph S. Gilbert’s request, a Settlement Conference was set for March 31. A trial date will be set later.
Troy Michael Holbrook pled guilty to a Gross Misdemeanor charge of Violation of a Protective Order. Fees and assessments were imposed. Holbrook was sentenced to 364 days in Churchill County Jail, suspended, and placed on probation for 12 months with standard conditions attached. He was ordered to have no contact with the victim, except court-allowed text messages for a specific reason.
Rudolfo Ortiz pled guilty to a Category C Felony of Attempt to Commit Assault with a Deadly Weapon, which carries a potential penalty of 1-4 years in Nevada State Prison and a fine of up to $10,000. A Pre-sentence Investigative Report was ordered, and sentencing was set for May 2.
Scott Michael Barela appeared for sentencing on a Category D Felony of Offer, Attempt, or Commission of an Unauthorized Act Relating to the Manufacture or Compounding of Certain Controlled Substances, a Schedule 3, 4, or 5 drug. Fees and assessments were imposed. Barela received a sentence of 12-32 months in Nevada State Prison. He was remanded to the custody of the Churchill County Sheriff for imposition of the sentence. 
Jessica Kay Collins appeared for sentencing on a Category C Felony of Offer, Attempt, or Commission of an Unauthorized Act Relating to the Manufacture or Compounding of Certain Controlled Substances, 1st or 2nd offense. Fees and fines were imposed. Collins was sentenced to 22-55 months in Nevada State Prison, suspended, and was placed on probation for 24 months with standard conditions attached.
Lizet Ruiz-Jauegui appeared for sentencing on a Gross Misdemeanor charge of Conspiracy to Commit Bribery of a Public Officer. The judge suspended proceedings and placed Ruiz-Jauegui on probation for 1 year with standard conditions attached. She was ordered to complete Western Regional Drug Court, and to follow the recommendations of her substance abuse evaluation. 
Ashlie Emalyn-Rainbow Shaw, in custody, pled guilty to a Gross Misdemeanor charge of Possession of a Dangerous Drug Without a Prescription, which carries a possible penalty of 364 days in Churchill County Jail and a fine of up to $2,000. Sentencing was set for March 7 to allow Shaw to get a substance abuse evaluation. 
Robert Willis Ortiz, in custody, pled guilty to a Category E Felony of Possession of a Controlled Substance (methamphetamine). As there are more than 2 prior felonies, this is not a mandatory probation case. Sentencing was set for March 14 to allow Ortiz to obtain a substance abuse evaluation. 
PD Jacob Sommer addressed custody status. He requested an OR release for the defendant, saying Ortiz does want to make improvements, he has lived in Fallon for 10 years. He has struggled in the past, but Sommer told the court he has seen a change in Ortiz that “frankly was surprising initially, and then refreshing as I have continued to work with him.” ADA Aaron Thomas said the State would oppose an OR release as Ortiz “has a consistent history of violating the court’s generosity with probation” The defendant possessed a controlled substance while on parole for a felony violation of probation, has 2 failures to comply, a failure to appear, and he has “a habit of not complying.” The judge granted Ortiz OR with standard conditions attached. He also ordered Ortiz to comply with Court Services supervision of daily check-ins, random testing and to obtain the evaluation. 
Richard Juhasz, in custody, admitted to a non-technical probation violation of use of a controlled substance and absconding from probation. Following arguments from the state and the defense, the judge told the defendant, “I’m going to give you one more chance. I’m going to rescind your diversion.” He then sentenced Juhasz on the Category E Felony of Possession of a Controlled Substance to 19-48 months in Nevada Prison, suspended. The defendant was placed on probation for 18 months with standard conditions attached. He was also ordered to enter the Western Nevada Regional Drug Court program. Juhasz can be released when the drug court accepts him back into the program. Fees and assessments were imposed.