Regina Marie Schwartzbaugh, in custody, appeared before Judge Thomas Stockard in the Tenth Judicial District Court on Tuesday, November 14. Schwartzbaugh pleaded guilty to Grand Larceny of a Motor Vehicle and Obtaining Money, Property, Rent, or Labor by False Pretenses valued at $5,000-$25,000. Each charge is a Category C Felony and carries a potential penalty of 1-5 years in prison. According to statements offered in court, Schwartzbaugh took a vehicle that belonged to another and later sold that vehicle for $14,000. During court negotiations, she agreed to have her probation revoked on prior charges of Possession of a Controlled Substance, a Category E Felony, and Conspiracy to Commit a Felony Crime Under the Uniform Controlled Substance Act, a Category C Felony, in which the sentences would run concurrently as opposed to consecutively, as initially sentenced.
Deputy District Attorney Aaron Thomas stated, “Some defendants just refuse to change or modify their behavior,” and called the court’s attention to Schwartzbaugh’s criminal history. He told the court the citizens of Churchill County have a right to know that when they are dealing with the passing of a loved one, their property is secure, and “individuals will not go and take that property from that recently deceased and sell that property.” Thomas asked for restitution of $21,443 and for Schwartzbaugh’s sentences to run consecutively to her prior sentences.
Public Defender Jacob Sommer told the court there were extenuating circumstances in which the deceased individual had given Schwartzbaugh permission to do several things. However, “She failed to get documentation; she failed to do important, responsible things,” said Sommer. He informed the court that his client continues to suffer from serious health problems. She has been diagnosed with cancer and is receiving treatment. Sommers said his client knows she is going to prison and asked the judge to impose sentences that will run concurrently with her previous sentences. Sommer also asked for a lower restitution amount.
The victim in the case, the daughter of the deceased owner of the 2015 Chevrolet Colorado truck, provided a victim impact statement informing the court that while she and her sister were dealing with the sudden death of their father, they also had to figure out where his truck was, which was part of their inheritance. She concluded her statement by saying, “Stealing from a dead man, in my opinion, is a heartless crime.”
Judge Stockard revoked Schwartzbaugh’s probation and imposed the underlying sentences on the drug charges, sentencing her to 24-60 months for Conspiracy to Commit Felony Crime Under Uniform Controlled Substance Act, and 12-32 months for Possession Controlled Substance, modified to run concurrently. On the new charges, he sentenced Schwartzbaugh to 19-54 months on each charge, also to run concurrently. She will serve 43-86 months. Restitution was amended to $18,666. Fees and assessments were imposed.
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