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Justice Court Update - Apr. 25 Part II

Justice Court Update - Apr. 25 Part II
New River Township Justice Court.

In-Custody Appearances

New River Township Justice Court in Fallon convened Thursday morning, Apr. 24, with Judge Benjamin Trotter presiding. 

Richard Apodaca appeared in custody and entered guilty pleas to violating temporary protection orders in two separate cases and to a third count of domestic battery. The violations occurred after Apodaca contacted the protected party shortly after being released from custody, despite active court orders prohibiting such contact. Deputy District Attorney Chelsea Sanford emphasized the toxic and ongoing nature of the relationship, which involves a shared child. The victim submitted a written statement and has since relocated out of state under supervision of Parole and Probation. Judge Trotter imposed 100-day jail sentences on each count, credited Apodaca with 149 total days served, and suspended 51 days per case for two years, provided he incurs no new criminal charges and restricts contact with the victim to parenting matters. The sentences in the two TPO cases will run concurrently, while the domestic battery sentence will run consecutively. Apodaca must also complete 48 hours of community service and attend 26 sessions of counseling within nine months. He remains liable for $35 in domestic violence fees and $134 in restitution on a prior conviction.

Michael Davis also appeared in custody and pleaded guilty to one count of petty larceny under an amended charge. Davis was originally charged with conspiracy and theft, but the State reduced the charge to a misdemeanor. He was sentenced to 30 days in jail, with 15 days credited as time served, and the remaining 15 days suspended for two years. Davis was ordered to pay $435 in restitution within six months, jointly and severally liable with co-defendants Donnie Brown and Sean Brown.

Charles Freer appeared via Zoom from the Churchill County Jail for a status hearing on DUI, Second Offense charges. The case was continued from earlier this month to allow for the completion of a substance abuse evaluation. According to Judge Trotter, the evaluation could not be released to the court because the defendant had mistakenly signed a release form that did not authorize disclosure to court officials. The court tentatively reset Freer’s sentencing and extradition hearing for later that afternoon, contingent upon receiving the proper documents from the evaluation agency.

Aleashia Elizarraraz appeared for a show cause hearing on a prior domestic battery conviction. She had failed to complete any of the three court-ordered sanctions: payment of a $35 domestic violence fee, 48 hours of community service, and 26 sessions of domestic violence counseling. Elizarraraz explained that her ID and Social Security card had been stolen, impeding her ability to obtain employment or enroll in counseling. She asked for more time and pledged to begin community service as soon as released. Judge Trotter extended the deadline for community service by six months, granted nine months to complete counseling, and gave her two weeks to pay the $35 fee. He advised her to provide monthly proof of partial completion to avoid future penalties.

This summary includes information from public court proceedings. All defendants are presumed innocent unless convicted in a court of law.

 

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