Tanya C. Clay appeared for sentencing on the charge of Possession of a Schedule I/II Controlled Substance for the Purpose of Sale on April 8 in the Tenth Judicial District Court in Fallon before visiting Judge Robert E. Estes.
According to DDA Aaron Thomas, the defendant was found in contact with a minor whose mother had set up a buy. She arrived at the school while in session to sell marijuana concentrate to an underage individual. When Clay arrived, officers were there, and she ran. Once caught, she admitted she was there to sell marijuana concentrate, with children playing on the playground less than 50 yards away. Based on a search warrant, 202 1-gram THC pens, 139.5 grams of marijuana, and 143.6 grams of marijuana concentrate were found in Clay's home.
Thomas stated that Clay said she was in a bad place and was taking care of her children. “This is not an excuse to make victims out of other children,” said Thomas, who asked for a sentence of 19-48 months, a fine of $2,000, 250 hours of community service, and $13,823 in civil forfeiture. However, Thomas said the state is amenable to probation.
Paul Wolfe, Esq., defense counsel for Clay, said he had submitted a sentencing memorandum along with character letters explaining his client's actions, “Her reason is not an excuse, is not a justification; it's an explanation of what led her… to do what she did.”
Wolfe questioned how to reconcile the person presented in these character letters – kind, considerate, selfless. A great mother, who for 33 years committed absolutely no crimes whatsoever, with the drug dealer at school dealing to children while other children are playing on the swing set. Asking the court to consider probation, Wolfe explained that Clay is a single mother raising three children, has a full-time job, has already started doing community service, and has accepted full responsibility for her actions.
Clay apologized to the victim, her family, and her own children, stating that she had made a mistake and that it would not happen again.
Judge Estes began by telling Clay, “I don’t believe the part where you are kind and considerate. And I’ll tell you why.” He asked her how she would like it if someone started selling drugs to her children on a street corner; they agreed she would not like it at all. Estes then said, “But you did it.” Clay received probation on a 19–48-month sentence in prison and was ordered to complete 250 hours of community service. Fees and assessments were imposed, along with a $2,000 fine. Clay has voluntarily paid the $13,823 to the state.
Estes concluded by telling Clay, “Now maybe you can take this and actually go out and be a kind and considerate person.”
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