By Leanna Lehman
New River Township Justice Court convened Thursday, July 13, Judge Benjamin Trotter presiding.
Gary Vargas appeared for a status hearing related to a first-offense misdemeanor domestic battery. Vargas was initially charged with Domestic Battery by Strangulation, Interruption of a 911 call, and False Imprisonment at the time of his arrest in early May. According to Vargas’s defense attorney, Richard Mozello, Esq., law enforcement was called to his client’s residence a few times over the last year for domestic disputes. In May, the situation escalated into what he phrased as “bad behavior” when yelling, pushing, and shoving ensued. According to the plea agreement between Vargas and the District Attorney’s Office, Vargas will serve the statutory minimums based on the victim's wishes. He must serve 36 hours in jail to complete the mandated two days, 48 hours of community service, and attend counseling for six months.
Michael Wiseman appeared for a status hearing related to unpaid restitution. According to Senior Deputy District Attorney Chelsea Sandford, Wiseman agreed to pay $1,000 toward damages caused by a traffic accident but has only paid $250 in restitution since the order in May. “He is continuing to victimize the injured party,” said Sanford. Wiseman was arrested last November by NHP on a DUI with no driver’s license, no insurance, an obstructed windshield, and no registration. He was arrested again in April for DUI, purchasing alcohol for a minor, driving without a valid driver’s license, and failure to maintain a lane. According to Wiseman, he now has a job and can begin paying restitution as agreed. The judge ordered him to have a full payment to the court by July 28, or he will be held in contempt of court.
Daniel Villagrana appeared for a status hearing related to his first offense DUI. In order for the court to proceed to sentencing, Villagrana, who is not yet 21, must submit to a substance abuse evaluation. Villagrana stated that he had an evaluation on July 11, however the results had not been submitted to the court, but were expected to be sent over within the week. Sentencing was set for July 20.
Phillip Wilcox appeared for a status hearing related to a 2020 arrest for Battery Constituting Domestic Battery by Strangulation, Child Neglect/Endangerment. Wilcox was ordered to complete community service. According to Wilcox, he has not finished the hours required as he has been homeless for the last two months and now has custody of his daughter. He told the judge he recently found housing, has a reliable ride, and has arrangements made with the senior center in Silver Springs to complete his community service hours. The judge set a status hearing for July 20, at which time Wilcox must provide proof to the court of the hours of community service he has completed.
Audrey Ottesen appeared via Zoom from Montana for sentencing on a DUI first offense received in February. Both Wright Noel with the Churchill County Public Defender’s Office and Deputy ADA Sanford requested the minimum sentence for Ottesen. According to Noel, her DUI was of another case heard in District Court in which Ottesen spent a significant amount of time in jail. She received time served for the statutory 48 hours, and fines were deemed paid as this sentence is to run concurrently with the District Court sentence per her plea agreement.
Jerry Miller appeared for arraignment on felony burglary charges for entering a vehicle intending to commit burglary, punishable by 1-10 years in prison, and two gross misdemeanors for unlawful entry of vehicles intending to commit larceny. Churchill County Public Defender Jacob Sommers was assigned to represent Miller, who requested Miller be released on his own recognizance. The judge denied the request based on Sanford’s report that Miller has a history of failure to appear violations (9) and that he listed Stockman’s Casino as his residential address. A status hearing was set for July 20.
Continuances:
Hubert Allen: In custody, continued to August 3.
Kevin Chico: Continued to July 27.
Debra Lund: Felony embezzlement charges of $25,000 or more, but less than $100,000 continued to August 24.
Heather Walter: In custody, waived hearing to District Court.
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