Tenth Judicial District Court The Tenth Judicial District Court convened Tuesday, Dec. 9, in Fallon before Judge Thomas Stockard.

The Tenth Judicial District Court convened on Tuesday, December 9, with Judge Thomas Stockard presiding.

Michelle Yvonne Read was not present for her Status Hearing.

Court Services Manager Brenda Ingram told the court that Read missed four drug tests and had not checked in since Nov. 27. Deputy District Attorney (DDA) Priscilla Baker requested a warrant be issued. Churchill County Public Defender (CCPD) Jacob Sommer asked for a continuance. Judge Stockard issued a $10,000 cash-only warrant.

Steven Henry Gainey appeared for sentencing on a charge of Attempt to Commit Mail Theft, to which he pleaded guilty on October 7.

Judge Stockard sentenced the offenses as a felony and granted probation on a suspended term of 14-40 months and ordered Gainey to obtain and follow the recommendations of a substance abuse evaluation.

Elijah Raimon Davis appeared for sentencing on the Category E Felony of Possession of a Controlled Substance.

Judge Stockard granted Davis probation on a suspended 19–48 month sentence and ordered him to obtain and follow the recommendations of a substance abuse evaluation.

Faustino Torres-Orosco, in custody, pleaded guilty to Possession or Sale of Documents or Personal Identifying Information to Establish False Status or Identity, a Category E Felony punishable by 1–4 years in prison and a fine up to $5,000.

According to the state, on Sept. 3, Torres-Orosco was found in possession of a false permanent residency card.

DDA Priscilla Baker argued, “This is an incident where this defendant obtained false identification to be able work in the United States being as he is not a U S citizen or has the appropriate paperwork from his country.” She said the state asked the court to sentence the defendant not only to encourage compliance with the law moving forward, “but also to send a message to any other illegal immigrant that they have to go through the proper channels in order to work in this country.”

Baker, noting that this is a mandatory probation case, asked for a sentence of 19 to 48 months in prison.

Defense attorney Charles Woodman said his client has lived and worked locally for more than 11 years. “My client has been in the country and here locally for over eleven years working and providing for his family … It is just a classic example of what's been going on in our country in recent times.” Woodman said Torres-Orosco obtained the documentation so he could continue working and supporting his family, adding that the defendant “understands completely that he is likely to be picked up by ICE here in the next couple of days and deported and go through all that process.”

Woodman acknowledged Torres-Orosco entered the country illegally but argued his long work history demonstrated positive intent. He asked the court to impose the minimum sentence.

Judge Stockard granted Torres-Orosco probation on a suspended 12–48-month sentence and ordered him to comply with all immigration laws as a condition of probation.

Cassandra Gail Davis, in custody, appeared for sentencing on two Category B Felony counts of Battery by a Probationer, Parolee, or a Prisoner in Lawful Custody, and one Gross Misdemeanor count of Battery Constituting Domestic Violence, to which she pleaded guilty in October. She also appeared for disposition on a Non-Technical Sentencing Violation she admitted to in September.

DDA Priscilla Baker said Davis, while under the influence of methamphetamine, held her mother down “to try to pray the devil out of her.” Baker said the victim expressed hope that her daughter would receive the drug treatment she needs. Baker noted that Davis had been sentenced in July to a suspended 364 days in jail and, less than two months later, committed the new offenses.

Baker said Davis again went to her mother’s home to see her children while under the influence of an illegal substance. She was incoherent, was asked to leave, and refused. Law enforcement was contacted. “911 operators heard the defendant growling at the victim, her mother,” Baker said.

Deputies arrived and attempted to remove Davis from the home. She resisted and became combative, “resulting in a physical altercation involving four deputies.” Baker said Davis continued to struggle, making statements to deputies, like, “I hope you burn for eternity,” and accusing a deputy of raping her children.

“She becomes violent, delusional on her controlled substances,” Baker said. Davis scratched, bit, and pinched deputies, leaving “bite marks, bruises, scratching, … and a chipped tooth.”

Baker asked the court to impose two consecutive 12–36-month sentences on the felony counts and a concurrent 180-day sentence on the misdemeanor, stating, “She continues to use and she continues to resort to violence.” The state also requested revocation of probation on the Non-Technical Sentencing Violation.

Churchill County Alternate Public Defender (APD) Wright Noel said, “I think the state correctly highlighted that Ms. Davis is a different person when she’s on controlled substances.” He told the court Davis first used alcohol and marijuana at age 13, cocaine and methamphetamine at 16, and hallucinogens at 19. “For her entire adult life, and for most of her adolescent life, she’s been struggling with substance abuse issue … It’s been harder to get away from that than she would have liked.”

Noel said Davis had spent four months in custody, allowing her to clear her mind. He said she worked hard while incarcerated, earned trustee status, and obtained privileges. Noel told the court that Davis secured a bed at a 45-day treatment program and arranged aftercare through the Life Changes program in Reno.

The defense asked the court to impose the state's requested sentence as an incentive, while allowing Davis to be reinstated on probation so she could complete treatment.

Davis apologized for her actions and asked the court to grant her attorney’s request.

Judge Stockard imposed consecutive sentences of 28–72 months on Counts I and II, for an aggregate sentence of 56–144 months in prison. On Count III, he imposed two days in jail to complete 48 hours of community service, ordered six months of domestic violence counseling, and imposed a $200 fine.

Editor’s note: Due to an editing error, last week’s District Court story reprinted two defendants from a prior hearing in Nov., Timothy Fast and Bradely Rogne. We sincerely apologize for this error.