Bail Set at $200K in Sexual Assault Case

New River Township Justice Court Judge Benjamin Trotter set bail at $200,000 for a California man accused of sexual assault and attempted sexual assault following his extradition to Nevada.

Brandon Herrera, 27, appeared before Judge Trotter on March 13, facing two felony charges from alleged incidents between January and July 2023.

According to the allegations, Herrera is facing one count of sexual assault, a Category A felony punishable by 10 years (up to 25 years) to life in prison, depending on the age of the victim. Herrera is also charged with attempted sexual assault, a Category B felony punishable by 1-5 or 1-10 years in prison.

The criminal complaint alleges that between January 10 and July 28, 2023, Herrera engaged in non-consensual sexual acts with the victim while she was sleeping. The second charge further alleges that on July 23, 2023, Herrera attempted to force a sexually related act upon the victim without her consent, also while she was asleep.

Herrera, who told the court he has no income or assets to afford an attorney, was appointed representation by Hampton Young with the Churchill County Deputy Public Defender's Office.

During the hearing, Young argued for Herrera's release on his own recognizance, noting a moderate risk level for failure to appear in a Court Services risk assessment. Young said he believed Herrera was not a danger to the community and was entitled to bail.

Deputy District Attorney Priscilla Baker opposed the release, asserting that Herrera poses a high flight risk given his lack of ties to Churchill County and his prior criminal history in Ridgecrest, California.

Baker detailed Herrera's criminal history, which includes battery, DUIs, failing to appear in court, and driving on a suspended license. She also reported that Herrera was extradited from California at the state's expense and has no residence in Fallon.

Judge Trotter ruled bail was necessary, citing the nature and severity of the Category A felony charge. "I think anybody charged with a Category A felony is an inherent flight risk because of the substantial penalties associated with that level of offense," Trotter said. "Bail is intended to either protect the community or ensure that you show up for court—or both."

Herrera's bail was set at $200,000 bondable, with the possibility of a future bail review. If convicted, Herrera faces a mandatory prison sentence for the sexual assault charge.

This case remains under investigation by the Churchill County District Attorney's Office. Judge Trotter set the case for a status update on Thursday, March 27.