Teresa Moon
Gabriel Otto Marckstadt pleaded guilty to Battery Causing Substantial Bodily Harm, a Category C Felony punishable by 1-5 years in prison and a fine of up to $10,000. He is charged with punching and kicking another in the jaw, causing prolonged pain. Judge Stockard ordered a Pre-Sentence Investigation PSI and set sentencing for Jan. 20.
Stephanie Torres Herrera pleaded guilty to Possession of a Controlled Substance (methamphetamine), a Category E Felony punishable by 1-4 years in prison and a fine of up to $5,000. Judge Stockard ordered a Pre-Sentence Investigation PSI and set sentencing for Jan. 20.
Brett Jesse Michael Fearn pleaded guilty to Assault with a Deadly Weapon, a Category B Felony punishable by 1-6 years in prison and a fine of up to $5,000. Fearn also pleaded guilty to two Gross Misdemeanors: one for Injuring or Tampering with a Vehicle with $250 to $5,000 in damages, and a second for Injury to Other Property $250 to $5,000. Each Gross Misdemeanor is punishable by 364 days in the Churchill County Jail and a fine of up to $2,000.
According to the record, Fearn verbally threatened a Churchill County resident while wielding a knife, creating a reasonable apprehension of bodily harm. He also slashed four tires on a vehicle belonging to the resident and damaged the door and lock of the same. Fearn agreed to pay restitution of $1,950.72, with at least $1,000 of that payable at the time of sentencing. Judge Stockard ordered a Pre-Sentence Investigation PSI and set sentencing for Jan. 20.
Luis Osvaldo Pardini-Loyola appeared for sentencing on the Category B Felony of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance, a Third or Subsequent Offense, to which he pleaded guilty in July 2022. At that time, he was placed in the three-year DUI Diversion Program, which he has now successfully completed.
Deputy District Attorney (DDA) Ryan McCormick told the court that, due to Pardini-Loyola’s completion of the program, meeting all of the diversion requirements, the charge was amended to a DUI Second Offense.
The court issued the statutory $750 fine and reported that the Diversion Program requirements were satisfied and that many of the mandatory sentencing requirements were met.
Regarding the program, Pardini-Loyola told Judge Stockard, “It gives people an opportunity to change their habits, and their addictions, and to grow as a person. I believe that for a person willing to change, it’s a great opportunity.” He said it was a very challenging program.
Todd Steven Garcia appeared for sentencing on the charge of Uttering a Forged Instrument, a Category D Felony to which she pleaded guilty in September, and which is punishable by 1-4 years.
DDA Ryan McCormick told the court that, pursuant to negotiations, the State recommended probation. He concluded with, “We wish her the best” going forward. The State asked for restitution in the amount of $1,121.65.
Churchill County Public Defender Jacob Sommer told the court that his client is working to open her own business and asked the court to grant probation. He said Garcia would be able to remit $500 of the restitution after the hearing and pay the balance within the next few months.
Garcia told the court she is “embarrassed and ashamed” and is “terribly sorry.” She said she is doing well, is taking care of her mother, and is doing her best to be a better part of society.
Judge Stockard granted probation on a suspended sentence of 19-48 months, ordered Garcia to obtain and follow the recommendations of a substance abuse evaluation, and ordered restitution of $1,121.65. He told Garcia, “You have a fairly extensive criminal history … take advantage of this opportunity … Just learn from it and move forward.”
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