The Tenth Judicial District Court convened Tuesday, September 26, with Judge Thomas Stockard presiding.
Marissa Marie Tybo, in custody, admitted to the Non-Technical Probation Violation of Absconding, among other violations. Tybo absconded from Parole & Probation supervision last November. The judge rescinded her probation, imposed a new suspended sentence of 19-48 months in a Nevada State Prison, and ordered 12 months of probation. Along with standard conditions and fees, Tybo will return to and complete the Western Nevada Regional Drug Court.
David Michael Downs, in the custody of the Nevada Department of Corrections, pleaded guilty to the Gross Misdemeanor charge of Conspiracy to Commit Grand Larceny of Property with a Value of $1,200 or more. Allegations state that Downs conspired with another person(s) to steal catalytic converters from vehicles within Churchill County. Senior Deputy District Attorney Chelsea Sanford told the court that Downs likes meth and stole catalytic converters to support his habit. She asked the court to sentence Downs to 364 days in the Churchill County Jail, to be served consecutively to the sentence Downs is now serving on a restitution offense. Charles Woodman, Esq., defense counsel for Downs, asked the court to consider six months in jail to run concurrently with his current sentence. Downs received 12 months of probation on a suspended sentence of 364 days in jail, which he will serve upon completing his current sentence. Judge Stockard ordered fees and restitution of $5,902.60, and Downs must have no contact with the victims or their property.
Matt Charles Lane was not present for a sentencing violation. District Attorney Priscilla Baker reminded the court that Lane is on probation for stealing a large amount of money from his grandmother, and this is his third sentencing violation for failing to make monthly restitution payments. She explained that the Division of Parole & Probation and an FBI agent contacted Lane regarding bomb threats; he was taken into custody for comments he made at that time. She asked that the case be continued. Woodman also felt a continuance was appropriate. Stockard continued the case until October 10.
Chad Dean Nuttall, in custody, pleaded guilty to two Gross Misdemeanors: (1) Abuse, Neglect, or Endangerment of a Child Not Causing Significant Bodily or Mental Harm and (2) Failure to Appear after Admission to Bail or Release without Bail. Each offense carries a potential penalty of 364 days in jail and a fine of up to $2,000. Churchill County Public Defender Wright Noel told the Court that due to the nature of the charges, they would obtain a Risk Assessment before sentencing, which was set for December 19.
Karen Edris Fenton appeared for sentencing on the Category B Felony of Trafficking a Controlled Substance, which carries a mandatory sentence of 2-20 years in Nevada State Prison and a fine of up to $10,000. Deputy District Attorney Aaron Thomas told the court, “This is a case where the defendant has introduced 340 grams of methamphetamine into our community” within a 2 to 3-month period. “Methamphetamine is a scourge on our community. It damages lives, ruins families, and degrades our social structure.” Thomas requested a 96–240-month sentence for Fenton. Churchill County Public Defender Jacob Sommer argued for less time, stating, “Nothing I’m saying here is intended to excuse her actions,” explaining his client has made several changes and will no longer be a danger to our society. He said she has changed in a significant way, that she was buying and selling meth to maintain her habit. However, she has moved, has cut off relationships, attends AA/NA, regularly attends counseling, has become active in her faith, has gained a strong support system, and is gainfully employed. “Her attitude has changed, as has her outlook on life.” Sommer implored the court to consider the minimums. Upon consideration, Judge Stockard expressed concerns regarding the initial arraignment and pre-sentence investigative report. He noted mistakes by both Probation & Parole in the PSI report and by the state in the Guilty Plea Memorandum regarding the fact that this case is not probation-eligible and carries mandatory prison time. Following a discussion between the judge, Thomas, Sommer, and P&P, Stockard continued the matter to October 24 to allow parties to file an amended PSI and guilty plea memorandum.
Daniel Eugene Morse failed to appear for sentencing. A $25,000 cash-only warrant was issued.
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