Teresa Moon
Michael Jacob Casey, in custody, appeared for sentencing before Judge Thomas Stockard in the Tenth Judicial District Court in Fallon on May 28.
Casey, who had been in custody for 742 days, faced multiple misdemeanor and felony charges. Senior Deputy District Attorney Priscilla Baker asked the court to impose the maximum penalties on each count, stating, “The state is asking for maximums and to run them all consecutive. And this is why: this defendant is a danger to society. He's a danger to this community.” Baker cited Casey’s extensive criminal history, which includes DUIs, battery, drug possession, resisting arrest, battery by a prisoner, escape, and trespassing. Baker asked for the following penalties:
Case 1
- Count I: Misdemeanor Simple Assault – 180 days in the Churchill County Jail.
- Count II: Misdemeanor Unlawful Trespass Upon Land – 180 days in jail, with terms to run consecutively.
Case 2
- Count I: Felony Attempted Assault with a Deadly Weapon – 24-60 months in the Nevada State Prison.
- Count II: Misdemeanor Battery on an Officer – 180 days in jail.
Case 3
- Count I: Felony Attempted Grand Larceny of a Firearm – 24 to 60 months in prison.
- Count II: Ex-Felon in Possession of a Firearm – 28 to 72 months.
Appointed defense attorney Charles Woodman, Esq., told the court that regarding the Ex-Felon in Possession of a Firearm and the Attempted Grand Larceny of a Firearm, those two sentences should run concurrently and should be minimums as they are inseparable. As evidenced in Casey’s preliminary hearing in Justice Court, Casey entered the residence of a family member and took a rifle that was on the table, later returning it at the request of the family member.
Regarding the Attempted Assault with a Deadly Weapon, Woodman asked for the minimum, stating that clearly there was “a whole lot going [the day of the incident] between two people who were both probably under the influence.” Also evidenced in the preliminary hearing, Casey approached a neighbor in what he perceived as an overly threatening manner while holding a shovel and speaking in aggressive and disrespectful tones. Woodman asked where the victim was, noting the victim was not in court but had testified in the preliminary hearing.
On the charge of Battery on an Officer, the defense submitted, with Woodman stating, “In conversation with my client, he acknowledges we aren’t supposed to go around hitting cops.”
For the simple assault and the misdemeanor trespassing, Woodman again asked for the minimums, telling the court that because the victim did not show up and did not make a statement, there is a lack of foundation.
When asked if he had anything to say before sentencing, Casey replied, “No, sir,” and declined to make a statement.
Sentencing
Judge Stockard sentenced Casey to the following:
- Simple Assault and Unlawful Trespass – 180 days in jail on each count, with the sentences to run concurrently. Credit was given for 180 days of time served.
- Attempt to Commit Assault with a Deadly Weapon – 24 to 60 months in a Nevada State Prison, with credit given for 198 days of time served.
- Battery on an Officer – 364 days in jail, with 364 days credit given for time served and the two sentences to run consecutively. Restitution was ordered for $2,300 to offset anything paid by insurance.
- Attempt to Commit Grand Larceny of a Firearm – 19 to 48 months in prison.
- Ex-felon in Possession of a Firearm – 24 to 60 months, with these two sentences to run consecutively.
As all sentences are to run consecutively, the aggregate term before Casey is 43–108 months. Casey was remanded to the custody of the Churchill County Sheriff for imposition of the sentence.
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