District Court May 6

The Tenth Judicial District Court convened Tuesday, May 6 with Judge Thomas Stockard presiding.

David Lucera Jim Jr. appeared for sentencing on the Category C Felony of Battery Causing Substantial Bodily Harm, to which he pleaded guilty on March 4. Court Services reported that since his release from jail in March, Jim tested 11 times, all negative, and has been cooperative. 

Deputy District Attorney Priscilla Baker described the case as tragic. “The defendant and the victim in this case grew up like brothers. They were in the same foster home,” she said. In 2023, the two attended a party where an argument broke out. Baker said the victim attempted to deescalate, but Jim struck him in the back of the head with a gun. After the victim fell, Jim stomped on his head multiple times, causing a fractured skull, brain bleeds, and hearing loss. 

Baker referenced a message Jim later sent to the victim via social media: “Why did you and all your [inappropriate reference] friends press charges? I should have just shot you.” She said the victim remains conflicted due to their longstanding relationship. Baker also said Jim threatened a young witness, warning him that “the same thing would happen to him” if he testified. She asked the Court to impose a prison sentence. 

Appointed defense counsel Justin Oakes, Esq., told the Court his client was not eligible for diversion, but asked for probation and a suspended sentence. “The circumstances of this case are extremely sad,” Oakes said. “The best thing that came out of this is the fact that the victim did not suffer any long-term effects.” 

Oakes argued that Jim has changed significantly. “He’s clean and sober, shows up when he’s supposed to, and is responsible,” he said. The Defense requested a suspended sentence of 24–60 months and probation. As an alternative, Oakes suggested Jim serve 30 days in county jail, two days at a time on his days off. 

Judge Stockard acknowledged the severity of the offense. “Mr. Oakes has appropriately identified this as a serious case,” he said. “There is no case that you can’t make worse by your conduct after it’s happened.” 

Jim expressed remorse. He said the incident occurred before he became a father and that he was “confused and afraid” that night. “I don’t want to go to prison. I’ve been testing clean. I don’t party, I don’t go out. I just stay with my family.” 

Judge Stockard granted probation on a suspended sentence of 24–60 months in the Nevada State Prison. Conditions include a substance abuse evaluation, compliance with treatment recommendations, and 30 days in county jail, served two days at a time on days off work. “I hope the changes you described are lasting,” Stockard said. “It’ll be good for you, and it’d be great for your daughter.” 

William Garnet Bergman appeared for sentencing on the Category C Felony of Abuse, Neglect, or Endangerment of a Child. A Risk Assessment found Bergman to be at low risk to reoffend—provided he does not consume alcohol—making him eligible for probation. Court Services reported he had been under supervision for 406 days with no positive tests. 

“The State objects to any diversion,” DDA Baker said. “Drug court and diversion are for people who have a severe issue.” Baker said Bergman’s statements indicate he is not addicted, citing his admission that he only drank on weekends and described himself as being “in full remission.” “He is able to cope with his cravings because there are no cravings,” she said. Baker concluded, “Those are precious spots in our drug court system and should not be abused by sending somebody there who is not in need of those services.” 

Churchill County Alternate Public Defender Wright Noel argued that Bergman has taken responsibility from the outset. “Mr. Bergman has wanted to take responsibility for his actions,” he said. Noel emphasized that Bergman is the primary caretaker of his children and has held the same job for 15 years—a job he would lose if convicted of a felony. “The fact that Mr. Bergman has spent over a year testing with no positives should be a benefit, not a detriment,” Noel said. 

Bergman addressed the Court. “I take full responsibility for what I did. I not only put my kids at risk, but the public. I’m not shying away from that.” He said he had not consumed alcohol in over a year and was doing better as a parent. 

Judge Stockard noted that Bergman had three previous encounters with the criminal justice system, all tied to alcohol use. “I think your alcohol problem is deeper than you or the State think it is,” he said. “There are large swaths of time where there isn’t anything. But everything is tied to this use of alcohol. Ultimately, that’s what these diversion programs are for.” 

Judge Stockard suspended proceedings for 12 months. Bergman was placed on probation with conditions that he follow all recommendations from his substance abuse evaluation and complete the Western Regional Specialty Court. 

Nicholas Pierre Ashley appeared for sentencing on the Category B Felony of Battery by a Probationer, Parolee, or a Prisoner in Lawful Custody. Churchill County Public Defender Jacob Sommer asked the Court to grant probation. He said Ashley has remained clean and sober since his release and that alcohol was the underlying factor. Sommer noted that Ashley has held steady employment and is valued by his employer. “His attitude has been great for the last year while he’s been sober,” Sommer said. 

Sommer cited Ashley’s time served, compliance with Court Services, and commitment to sobriety and counseling. Ashley told the Court, “Your Honor, I am ready to do anything that’s required.” 

Fees and assessments were imposed. Judge Stockard sentenced Ashley to 24–60 months in the Nevada State Prison. “I’ve considered probation,” Stockard said, “but I’m not going to grant you that privilege.” Ashley was remanded to the custody of the Churchill County Sheriff. 

Richard Arthur Joseph Apodaca, in custody, pleaded guilty to the Category B Felony of Battery by a Probationer, Parolee, or a Prisoner in Lawful Custody, which carries a penalty of 1–6 years in prison. The factual basis stated that in 2024, while on probation for a Lyon County case, Apodaca struck another individual. 

Defense Attorney Charles Woodman explained the underlying Lyon County conviction stemmed from possession of another person’s credit card, though Apodaca never used it. Woodman described his client’s criminal history as “about sixteen misdemeanors,” calling his former self a “knucklehead.” “He was spending all his life with methamphetamine running through his system,” Woodman said. “He’s gone from someone who didn’t want to listen to me and was unreasonable and irrational, to a completely reasonable and rational person.” 

Woodman asked the Court to consider probation. “At the end of the day, it is going to be up to this man to decide whether he stays clean or not,” he said. Apodaca told the Court this was the longest time he had spent in jail. “I recognize I made mistakes and I’ve had time to think about them,” he said. “I 100% will be fully dedicated to doing the right thing, handling everything the right way, if I get another chance.” 

The victim told the Court that Apodaca’s actions have had a lasting impact. “I’ve had to do counseling, I am on medication—it’s just been hard,” she said. 

Judge Stockard sentenced Apodaca to 14–48 months in the Nevada State Prison and remanded him to the custody of the Churchill County Sheriff. 

See District Court May 6 Part II online at thefallonpost.org.