Teresa Moon
The Tenth Judicial District Court convened Tuesday, July 22, with Judge Thomas Stockard presiding.
John Mitchell Swanson pleaded guilty to Count I, Battery on an Officer, Provider of Health Care, School Employee, Taxicab Driver, or Transit Operator, a gross misdemeanor punishable by up to 364 days in the Churchill County Jail and a fine of up to $2,000; and to Count II, Simple Battery, a misdemeanor carrying a possible sentence of 180 days in jail, a $1,000 fine, and 200 hours of community service.
Deputy District Attorney Priscilla Baker requested that the court follow the joint recommendation of the plea agreement: suspend the 364-day jail sentence, place Swanson on probation, order a substance abuse evaluation, deny diversion, impose 48 hours of community service, a $200 fine, and six months of domestic violence counseling.
Swanson acknowledged making poor decisions and stated that he had completed a 30-day diversion program. However, as Judge Stockard questioned the defendant, he determined Swanson had not followed all the program's recommendations. He continued the hearing to August 12 and ordered that the recommendations be provided to the court and the District Attorney's Office. He said he expects to see progress by the next hearing.
Bryant Bennett Jayne appeared for sentencing on the following gross misdemeanor charges: two counts of Unlawful Acts Relating to Human Excrement or Bodily Fluid Without Disease; Battery on an Officer, a Provider of Health Care, a School Employee, a Taxicab Driver, Transit Operator, or a Sports Official; and Intimidating a Public Officer Without Threat.
Chief Deputy District Attorney Lane Mills told the court Jayne "seems to be a different person. He seems to have his anger under control, seems to be able to relate to counsel … And that's to his credit." Mills said the state would like to see a sentence that would incentivize the defendant's current good behavior.
Appointed Defense Counsel Jesse Kalter reminded the court that multiple attorneys had represented Jayne throughout the case. "Fortunately for me," he said, "I inherited somebody that had started to turn that corner and take responsibility for his actions." Kalter agreed with the state that "an appropriate sentence to incentivize Mr. Jayne to continue on with his very good behavior and very good understanding of where he is now in his life is appropriate."
Kalter presented two letters Jayne had submitted to the court, including one to the officers involved, which he said was sincere. He asked for suspended sentences, stating, "I would like to see him have the opportunity to continue on living a healthy life."
Jayne told Judge Stockard, "I owe everybody involved an apology, and I am sincerely sorry. And even though I can't explain any of my actions or behaviors, I do promise never to repeat any of it."
Judge Stockard said, "There is a marked observable change that I think everyone involved in this case has seen." When asked what he attributes that to, Jayne replied, "God is on my side. He sent me an angel." Of the man who is helping him, he added, "He is a saint. He doesn't like me calling him that, but he truly is a saint."
Judge Stockard granted probation on four suspended sentences of 364 days in jail and ordered Jayne to comply with the recommendations of his evaluation.
"I think you should be commended for the changes that you've made. I recognize them," Stockard said. "You have an enormous opportunity to effectuate good in this world. … There aren't many people who have gone through what you have gone through. And you may have an opportunity to help someone down the road. And if you have that opportunity, I think you could really bless their lives. ... Good luck to you."
Carl Lee Miller appeared for sentencing on the Category B Felony of Driving Under the Influence of an Intoxicating Liquor, a third or subsequent offense. He pleaded guilty to the offense in April 2022, and the court placed Miller in the DUI Diversion Program at that time.
Chief Deputy District Attorney Lane Mills said Miller successfully completed the three-year program. Miller thanked the court and said he has now been sober for nearly four years.
Judge Stockard withdrew the prior felony plea and entered a guilty plea to second-offense DUI and imposed a statutory $750 fine.
Cody James Palmer Lehman appeared for sentencing on the Category B Felony of Driving Under the Influence of an Intoxicating Liquor, a third or subsequent offense. He also pleaded guilty in April 2022 and entered the DUI Diversion Program that same month.
Lehman successfully completed the program and has been sober for more than three years. "I would like to thank the court for this program," he said. "It helped me a lot."
Judge Stockard withdrew Lehman's prior plea to the felony and entered a guilty plea to DUI, second, and imposed a statutory fine of $750.
To both Lehman and Miller, Stockard offered encouragement: "You really can't think of this as the end. It's just kind of the beginning of continuing to do what made you successful."
Joshua Benton Ryland, in custody, pleaded guilty to Gross Misdemeanor of Attempt to Commit Burglary of a Motor Vehicle, punishable by up to 364 days in jail and a fine of up to $2,000; and to Misdemeanor of Petit Larceny, punishable by up to 180 days in jail and a fine of up to $1,000.
Senior Deputy District Attorney Chelsea Sanford requested $170 in restitution, stating Ryland was caught on surveillance entering a truck and taking a backpack, of which some of the items were recovered. She recommended a suspended jail sentence of 364 days.
Churchill County Public Defender Jacob Sommer supported the recommendation, noting Ryland turned in the backpack and accepted responsibility. "Perhaps when someone is in this situation and they're using substances that cloud their judgment, as a community we would want people to make things right the best they can," Sommer said.
Judge Stockard granted Ryland probation on suspended sentences: 364 days in jail for the attempted burglary and 180 days for the petit larceny, to run concurrently.
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