Kristin Kay Scott appeared in the Tenth Judicial District Court before Judge Thomas Stockard on Tuesday, February 13, for violating the terms of her probation.
Scott, who has racked up multiple probation violations, including absconding from Parole and Probation in November, admitted to a Technical Probation Violation after being found in possession of marijuana.
Senior Deputy District Attorney Chelsea Sanford told the Court that Parole & Probation (P&P) had tried numerous things to get Scott to comply with the terms of her probation, to no avail. Sanford asked the court to follow P&P’s recommendation and revoke Scott's probation for 30 days.
P&P explained Scott has not checked in with probation in Elko or Fallon as ordered. She has not reported to P&P since her last court appearance. In further violation, on February 9, Scott was stopped by sheriff’s deputies and found in possession of a marijuana pen.
Churchill County Public Defender Jacob Sommer told the court that Scott said she talked to someone in the Elko Office the day prior, who told her to show up at court as ordered. Sommer suggested the court impose 17 days in jail and give her credit for the 17 days she has already served. He noted that Scott has had times of avoiding responsibility; that tendency still exists, but she is trying to work on it. She now understands her first responsibility is to work with P&P and that having counsel to speak to regularly and provide clarification is helping.
Scott told the court she can see from the report that her behavior is all over the place, and she understands she needs to abide by the rules.
Judge Stockard told Scott it was her job to obtain a substance evaluation, which she did. It is also her job to follow the recommendations of that evaluation, which she has not, and she was in possession of marijuana. “I’m going to have you tested today; tell me what it's going to show?” asked Stockard. “I’d rather hear than find out.”
Scott told Judge Stockard she has not used since November.
Stockard then suspended proceedings and ordered Scott to be drug tested. Upon resuming the matter, Court Services reported that Scott tested negative for marijuana but positive for methamphetamine.
“You would be walking out of here today if you had told me the truth,” Stockard said, “You made a calculated guess to lie to me because you thought it might be out of your system. You appeared in court having used methamphetamine in violation of your probation, but also, when the court asked you, you were untruthful.”
Stockard ordered Scott to serve seven days in jail, to appear in court next Tuesday, and to be tested before court that day, as it is not the court’s practice to accept a guilty admission from a defendant that has methamphetamine in their system.
“There's almost nothing that you could tell me that would be worse than me finding out that you were untruthful,” continued Stockard, “Nothing gets you in more trouble than dishonesty.” Stockard vacated the hearing and continued the matter to February 20.
Scott was remanded to the custody of the Churchill County Sheriff.
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