District Court June 25, Part II

The Tenth Judicial District Court convened Tuesday, June 25, with Judge Thomas Stockard presiding. 

Salvador Macias, Jr. appeared for sentencing on the Gross Misdemeanor of Conspiracy to Commit Abuse, Neglect, or Endangerment of a Child.

Deputy District Attorney Priscilla Baker asked Judge Stockard to sentence Macias to 364 days, suspended for 12 months, with conditions that include no use of alcohol or controlled substances. Additionally, he must obtain an evaluation, follow all recommendations therein, and attend an anger management class.

Macias’s defense attorney, Steve Evenson, Esq., said that he and his client agree that he should abstain from using alcohol or “those types of things.” He told the court that Macias had already had his evaluation and had started to follow the recommendations listed. Additionally, he began attending anger management classes. Evenson asked Judge Stockard to remove Macias from probation when he has met the state’s conditions.   

Macias told Judge Stockard, “I guess this whole thing’s a mess… I’m very sorry for all this situation. And, you know, I just want to get through this.”  

Stockard placed Macias on probation for 12 months on a suspended 364-day jail term and ordered him to continue complying with the state’s conditions.

Dereck Vradenburg-Wheeler, in custody, appeared for sentencing on the wobbler charge of Attempt to Commit Burglary of a Business, which can be sentenced as a misdemeanor or a felony.  

Senior Deputy District Attorney Chelsea Sanford asked Judge Stockard to sentence the charge as a Category E Felony, with a term of 12-32 months in the Nevada Department of Corrections, noting that he is about 28 years old and has 18 prior convictions. 

Churchill County Public Defender Jacob Sommer agreed that taking something from Walmart is not acceptable. He said his client knows that, took responsibility, and paid full restitution. Sommer asked Judge Stockard to grant Vradenburg-Wheeler the privilege of probation with a maximum underlying sentence. Should the court find prison appropriate, Sommer asked Judge Stockard to consider the minimum. Vradenburg-Wheeler apologized for his conduct.

Judge Stockard sentenced the charge as a felony, ordering Vradenburg-Wheeler to serve 12-36 months in prison with credit given for time served. He was remanded to the custody of the Churchill County Sheriff for imposition of the sentence.

Stacy Karyn Babb appeared for sentencing on the Category E Felony of Possession of a Controlled Substance. Court Services informed the court that they have had an incredibly difficult time getting Babb to comply with the terms of her release. According to Court Services, she has violated the terms of her release three times since May.  

DDA Priscilla Baker asked the court for 19-48 months with mandatory probation, asking for the higher end of the term to be held over her head.

PD Wright Noel asked for straight probation for Babb, stating she does not want to be placed in Drug Court.

Babb told the court she feels she has been working hard to comply with court services. However, she lives north of town and is not within walking distance of Court Services. Babb said she has a difficult time getting in for testing. “I’ve been working my program,” said Babb.  “Personally, I don’t think my alcohol use is an issue.”

Additionally, Babb told Judge Stockard, “I’m doing well,” to which Stockard replied, “No. No, you’re not.”  

Upon conferring with Babb, Noel told the court that Babb would like to change her request to probation with the condition of drug court. Judge Stockard suspended proceedings, placing Babb on probation for 12 months, with the condition that she enter and complete the WRDC program, obtain a substance abuse evaluation, and follow its recommendations. Fees and assessments were imposed. 

Michael Eugene Haynes, in custody, admitted to a Non-Technical sentencing violation of absconding on the Category C Felony of Offer, Attempt, or Commission of an Unauthorized Act Relating to the Manufacture or Compounding of Certain Controlled Substances.  

DDA Aaron Thomas, for the state, said, “The question before this court is can the court trust the defendant to be placed on probation again.” Thomas expressed concern that someone who was dealing drugs was loose in our community for so long without supervision. He said the state is of the opinion that the defendant has answered the question of whether he can be trusted on probation.

Charles Woodman, Esq., representing Haynes, told the court that his client was able to get himself off drugs, he’s been working, and that he has a 20-year-old son who means everything to him.

Haynes read a written statement to the court in which he said that he made a mistake and was wrong, and he knows that and apologized. Haynes said he has applied to Idaho House, a long-term sober living facility, but has yet to hear back from them. “More than anything, I just want to be clean forever; I don’t want to be a drug addict,” Haynes concluded. 

Judge Stockard modified and revoked Haynes’ probation and sentenced him to 14-48 months in prison, remanding him to the custody of the Churchill County Sheriff for imposition of the sentence. 

There were no Law and Motion hearings in the District Court on July 2.