Teresa Moon
On Tuesday, November 15, at the Tenth Judicial District Court in Fallon, Zackary Shawn Michael Potteiger, in custody, appeared for sentencing on charges of felony Lewdness with a Child Under the Age of 14 before Judge Thomas Stockard.
On April 16, he pled not guilty to the Category A Felony of Sexual Assault of a Child Under the Age of 14 and Category D Felony of Coercion with the Use of Physical Force or the Immediate Threat of Physical Force. A Criminal Settlement Conference was held on May 21. At that time, parties agreed Potteiger would instead plead guilty to Category A Felony of Lewdness with a Child Under the Age of 14. Potteiger entered an Alford Plea, maintaining his innocence but agreeing to accept all penalties and ramifications of a guilty plea. The lewdness charge is punishable by ten years to life in prison unless there is a previous similar conviction, which mandates life in prison without the possibility of parole.
Judge Stockard stated that the court possessed a Pre-Sentence Investigative Report and Psychosexual Evaluation completed by Dr. Sheri Hixon-Brenenstall, which required Potteiger to be eligible to be considered for probation.
Deputy District Attorney Priscilla Baker told the Court that in February 2021, the victim's father was to drop his daughter off for a visit with her mother. The arrangements were that he would leave his 11-year-old daughter with Potteiger, the mother's boyfriend, who would watch her until her mother got off work. Baker stated the victim was watching television when the defendant came into the room "and did unspeakable acts." Baker referred to the Victim Impact Statement, which detailed the event. Baker said ten years to life is appropriate.
Churchill County Public Defender Jacob Sommer agreed that this court had only one option. "Mr. Potteiger absolutely denies the factual allegations," Sommer stated. However, he recognizes that he faces a substantial risk, which led to "the negotiated resolution that you [Judge Stockard] have before you."
According to Sommer, his client regrets not attending his last hearing and knows he should have been more responsible. Additionally, Potteiger is in arrears over $20,000 in child support in Lyon County. Sommer said his client was in North Dakota and did not know there was a warrant for his arrest. He objected to the $7,950 extradition costs incurred ($4,525 from North Dakota and $3,425 from Oregon). Sommer concluded his argument, stating, "We recognize again that this court has one option, so we'll submit."
Potteiger declined when asked if he wanted to say anything to the court.
The victim's father read a prepared statement thanking many for their work on this case. He said this has been traumatic and that "we are here today to determine the penalty of a grown man who attacked an 11-year-old girl." Instead of protecting and looking out for the child, "Zack decided to become the predator and pedophile he was supposed to protect her from." The father spoke of the severe mental trauma the victim has endured over the last couple of years, which continues today. With ongoing therapy and family support, the victim said she has found the strength to stand up for what is right, no matter how difficult. "This is not only a fight for her own mental peace," he said, but also in hopes to prevent this from happening to someone else. He concluded his statement by asking the court to impose the maximum penalty as "no mercy or compassion or regret has been shown by the defendant, nor should we show him any."
After some consideration, Judge Stockard waived extradition costs given the amount Potteiger owes in child support and the fact he is going to prison, where he will have no income. Stockard stated, "I have one sentence… the sentence is what the legislature has set out. You'll be sentenced to life with the possibility of parole after a minimum of 10 years has been served."
Upon release, Potteiger is required to register as a sex offender and will be subject to lifetime supervision.
Stockard remanded the defendant to the custody of the Churchill County Sheriff for imposition of the sentence.
The Fallon Post spoke with the victim and her father following the sentencing. They were pleased with the sentence, and the father said the tough part was now behind them.
The story was edited to remove the specific details of the event and protect the privacy of the victim.
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