The Tenth Judicial District Court convened on Tuesday, Oct. 28, in
Fallon, with Judge Thomas Stockard presiding.
Joe Henry Schilder appeared for sentencing on Ownership or Possession of a Firearm by Certain Prohibited Persons, a Category B Felony punishable by 1-6 years in prison, to which he pleaded guilty Aug. 19.
Chief Deputy District Attorney (CDDA) Lane Mills told the court, “The defendant, an ex-felon, was trying to sell a couple of firearms, which he claimed belonged to his mother.”
Defense counsel Roberto Puentes, Esq., explained that Schilder’s late father was a gun collector and that his client took some firearms to a dealer for appraisal. Puentes said Schilder is now his mother’s caretaker and asked for probation.
Schilder told the court, “I know I messed up. I was feeling desperate after my dad died … I was just trying to pay a bill … I’m dedicated to taking care of my mom … I can do probation … I’m just asking for a chance.”
Judge Stockard granted probation on a suspended 24-72-month sentence and ordered Schilder to obtain and follow the recommendations of a substance abuse evaluation.
Rocky Emerson Wells pleaded no contest pursuant to Alford to Ex-Felon Not to Possess a Firearm, a Category B Felony punishable by 1-6 years in prison and a fine up to $5,000. In an Alford plea, a defendant accepts the consequences without admitting guilt.
Senior Deputy District Attorney (SDDA) Chelsea Sanford said the state could prove that Wells, an ex-felon, possessed several firearms and that 17 charges had been reduced through plea negotiations.
Defense attorney Steve Evenson said there were issues with the state's warrant process, which led to the plea agreement. Judge Stockard ordered a Pre-Sentence Investigation (PSI) and set sentencing for Jan. 20.
Tyler Cody Taylor pleaded no contest pursuant to Alford to two Gross Misdemeanors: Battery on an Officer, Provider of Health Care, School Employee, Taxicab Driver, Transit Operator or Sports Official, and Conspiracy to Possess a Drug Not to Be Introduced to Interstate Commerce. Each is punishable by up to 364 days in the Churchill County Jail and a $2,000 fine.
CDDA Mills said the state could prove Taylor committed battery on an officer and possessed psilocybin mushrooms. Judge Stockard continued the matter to Dec. 2 for victim notification.
Billie Jean Stagmeyer-Daugherty appeared for sentencing on Possession of a Controlled Substance (methamphetamine), a Category E Felony punishable by 1-4 years, to which she pleaded guilty Aug. 19.
Judge Stockard said the court received an application for diversion.
Alternate Public Defender (APD) Wright Noel said his client has already begun making changes and that Drug Court would be beneficial.
Stagmeyer-Daugherty told the court, "I'm just trying to figure it out. I'm a horse trainer … I just kind of go day by day, do everything I should."
Judge Stockard ordered her to follow the recommendations of a substance abuse evaluation and suspended proceedings on the condition that she complete the Western Regional Drug Court Program.
Laura Nicole Marshall appeared for sentencing on Possession of a Controlled Substance, Low Level (psilocybin mushrooms), a Category C Felony punishable by 1-5 years in prison and a fine up to $10,000, to which she pleaded guilty Aug. 26.
Court Services Director Brenda Ingram reported that from Jul. 3 through
Oct. 2, Marshall provided 19 negative tests but tested positive for methamphetamine and amphetamines on Oct. 6, resulting in a warrant. After her arrest, she again tested positive but has since had two negative tests.
Churchill County Public Defender (CCPD) Wright Noel said Marshall acknowledges her poor decisions, that her evaluation recommends outpatient treatment, and asked Judge Stockard for probation with Drug Court.
Marshall told the court, "I just wanted to apologize for the decisions I made and thank you for listening to me today."
Judge Stockard granted probation on a suspended 19-48-month sentence and ordered her to obtain and follow the recommendations of a substance abuse evaluation.
Katlie Elaine Sage, in custody, appeared for a status hearing. CCPD Noel requested a furlough for medical appointments for Sage and her daughter. Sage told the court she would return voluntarily, do her time, and that her current medication was not working.
Deputy District Attorney Priscilla Baker objected, saying Sage "did nothing while on probation and absconded." Baker said jail staff had addressed Sage's medical needs, the jail doctor determined she did not need Xanax, her knee surgery could be scheduled after release, and her daughter could be taken to the appointment by the other parent. "She needs to accept the responsibility this court imposed on her and serve the 180 days," Baker said.
Sage replied that she has never seen the jail doctor; her husband is not her daughter's legal parent; she doesn't care about the anxiety medication (Xanax); however, she is concerned about her bipolar medication, as it is not currently working and needs adjustment. Judge Stockard denied all requests. He ordered that within 10 days, the jail doctor see Sage and determine if they can meet her needs.
Scott Lee Stacey, in custody, admitted to a Non-Technical Probation Violation.
CDDA Mills said, "The Division [of Parole and Probation] has requested revocation; we agree with that."
APD Noel said Stacey has a substantial alcohol problem and asked for reinstatement with inpatient treatment, stating his client would remain in custody until a bed date opened. The probation officer expressed concern about eligibility due to Stacey's domestic violence charge.
Stacey apologized, saying, "There's no excuse for what I did. … My girlfriend had liquor all over the kitchen. I couldn't resist the temptation and I drank."
Judge Stockard denied reinstatement, revoked probation, and imposed the underlying 24–60-month sentence for the Category C Felony of Attempt to Commit Assault with a Deadly Weapon.
Chelsea Lynn Daniels, in custody, admitted to a Technical Sentencing Violation for contacting Justin Daniels, whom she had been ordered not to contact.
DDA Baker said, "Pursuant to statute, the state asks for temporary revocation of 30 days."
APD Noel agreed, saying Daniels "deserves the 30 days" but asked for reinstatement because her son was undergoing heart surgery that day.
"The defendant needs to be held responsible," Baker said, noting that despite the court's order, Daniels used the jail call system to contact Justin Daniels 25 times within days. "The state understands that she wants to be there. This court granted her the privilege of probation, and she needs to be held accountable."
Daniels told Judge Stockard, "I do understand that I did make those phone calls. I didn't have enough time to think." When asked if she had obtained the ordered evaluation, she said she had not.
Judge Stockard revoked Daniels' probation for 16 days (30 days with 14 days' credit for time served). "It's a harsh reality," he said. "You're going to miss things. There are consequences. You were given the gift of probation—and it is a gift. You squandered it. You have not had great follow-through."
Comment
Comments