District Court News: February 27

The Tenth Judicial District Court convened Tuesday, February 27, Judge Thomas Stockard presiding.

Selma Christina Sampley, in custody, admitted to a Technical Sentencing Violation. Parole and Probation’s Michael Peterson told the court it took about six weeks to get Sampley to report. When she did, she tested positive for meth, and she had not set up the ordered substance abuse evaluation. She was sanctioned with increased reporting and testing and still failed to appear. He said Sampley said she has tried to set up her evaluation through New Frontier; however, NFTC has no record of contact from her. Chief Deputy District

Attorney Lane Mills speaking for the state asked that Sampley's probation be revoked for 30 days. He reminded the court that at sentencing, she said she did not want to do drug court. Mills concluded his argument with, “They [P&P] are trying to help her; and she just is not accepting it; so here we are.”

Wright Noel with the Churchill County Public Defender's Office said, “I think there is no question here that Ms. Sampley has not performed” as she should have. Noel asked his client be revoked for 14 days, and credited time served.

The judge revoked the defendant's probation for 30 days; credit was given for 14 days time served. She was ordered to get a substance abuse evaluation within 30 days of her release. Stockard told Sampley, “It’s time to change the direction of things. I think it was very short-sighted, probably at sentencing, not to do the specialty court. If you want to do it on your own, do it, or we're going to help you do it.” Sampley will receive no good time credit until she gets her evaluation done. She was remanded to the custody of the Churchill County Sheriff for imposition of the sentence.

Georgina Lynn Brown, in custody, admitted to failure to enter and complete drug court. According to the drug court, she had not engaged from their perspective.

Churchill Count Public Defender Jacob Sommer said, “She really still is adamant that she could benefit from treatment. And although her conduct did not show that, she recognizes that she is in desperate need of help to deal with her problem that she’s got.”
Brown told the court, “I would just like to try to make my life better.”

Mills explained, “She was out on a bench warrant for a very long time; she never really engaged.” He said she should have her program revoked, and be sentenced to 12-32 months in prison. Mills suggested that if the defendant is granted probation, it is with the condition she completes the Western Regional Drug Court Program.

Fees and assessments were imposed, and the judge revoked the diversion program and sentenced Brown to 12-36 months in Nevada State Prison, suspended with 18 months probation. In addition to all previous probation conditions, he added the condition that she enter and complete the Western Regional Drug Court Program.

Cooper Austin Amaral pleaded guilty to the Gross Misdemeanor of Battery on an Officer, Provider of Health Care, School Employee, Taxicab Driver, Transit Operator, or Sports Official, which carries a potential penalty of 364 days in Churchill County Jail and a fine of not more than $2,000. The factual basis given for the charge was that Amaral touched an officer while performing his duty as a law enforcement officer. DDA Baker told the court that after negotiations, the state has no objections to the defendant applying and participating in a diversion program.

PD Noel asked for diversion for his client. He said Amaral was extremely intoxicated at the time of the incident and does not remember it. He is employed and would like an opportunity at a diversion program.

Amaral apologized to the court and the officers from that night. He said, “I don’t remember anything of that night ... I’m taking it completely serious … I want to take everything I can from this scenario, and then hopefully I'll be a better person … I don’t want to drink anymore, and I know this program will help me.” His employer is willing to work with him while he does diversion.

The proceedings were suspended, as Amaral was placed on 12 months probation, with fees and assessments imposed. In addition to the standard conditions of probation, the defendant was ordered to obtain a substance abuse evaluation and follow the recommendations thereof; to enter and complete the Western Regional Drug Court Program, which has the ability to extend probation by 12 months if necessary for him to complete the program; and to maintain full-time employment.

Leroy Burton Allen Martin appeared for sentencing on the Gross Misdemeanor charge of Intimidating a Public Officer Without Threat of Force. DDA Mills told the court that while intoxicated, the defendant threatened to kill the officer if he did his job. Mills said, “We believe a term in specialty court, where there's no drinking … will get him back to where he needs to be. He just needs some help staying away from the bottle.”

CCPD Sommer asked for probation so Martin can try to manage the process that he feels he can do. He said the defendant has challenges with his eyesight that will continue for the foreseeable future; however, he's hopeful he can eliminate the alcohol consequences from his life. Sommer said, “Mr. Martin is an otherwise good man who has had a rough life with a lot of difficulties, but he recognizes that his decision to drink alcohol puts both him at risk, and it affects the lives of others, including the officer that was threatened here.”

Martin made no statement to the court. The victim was present in court but did not wish to testify.Fees and assessments were imposed. Judge Stockard delivered a sentence of 120 days in Churchill County Jail, credit was given for 15 days time served, and Martin was remanded to the custody of the Churchill County Sheriff for imposition of sentence.