District Court – Jan. 6

The Tenth Judicial District Court convened Tuesday, January 13, with Judge Thomas Stockard presiding.

Lauren Nicole Gilmore appeared for sentencing on a Category E felony charge of Possession of a Controlled Substance, a First or Second Offense, to which she pleaded guilty on July 13.

Judge Stockard suspended proceedings, placed Gilmore on probation, and ordered her to complete the Western Nevada Regional Drug Court. He also ordered that progress reports be submitted to the court and the Division of Parole and Probation (P&P), and that a review hearing be set for Oct. 13.

Richard Anthony Davis appeared for sentencing on Burglary of a Business, a Category C Felony, which he pled guilty to on November 4.

Court Services Director Brenda Ingram reported Davis has been on Court Services for 307 days, had 71 negative random tests and one positive for methamphetamine and alcohol, and has been cooperative with Court Services.

Senior Deputy District Attorney (SDDA) Chelsea Sanford told the court, “Very rarely do we actually have a defendant who says, ‘If I could go back in time, I wouldn't do it,’ not to avoid the legal problems, but because he's ashamed.” She said Davis, along with four others, took on a large job that spiraled out of control, became driven by greed, and planned and executed a burglary.

“What sets this defendant apart from other defendants we typically see is … what he did afterwards,” Sanford said. She told the court that, based on Davis’s conduct following the crime and his contrition, the state was asking for a suspended sentence of 24–60 months. Sanford encouraged Davis to distance himself from the group he had been involved with and from Frontier Drilling.

Churchill County Public Defender (CCPD) Jacob Sommer told the court about the transformation he has seen in Davis. Sommer said becoming a father had opened Davis’s eyes, and that he is now employed full-time and engaged in positive interests he had not pursued for some time.

Sommer also said he and Davis discussed the importance of building a support system to rely on when challenges arise. “Mr. Davis is a good man who has a good heart, who made some really bad decisions; and to his credit, he genuinely and sincerely feels remorse for what he's done.”

Davis told the court that bonding with his son “has been an experience I didn't know was humanly possible.” Davis added, “I do wish that I could take back what happened. And it is because it wasn’t right.”

Judge Stockard granted Davis probation on a suspended 24-60-month sentence, ordered a substance abuse evaluation, and prohibited contact with Frontier Drilling and his four co-defendants.

Judge Stockard told Davis, “You’re right; you have a lot to be ashamed of for what you did. You also have a lot to take credit for. You’ve got a good job. You have remorse. You're moving forward. And you're a father … so, keep building on that.”

Michael Dwayne Alliston appeared for sentencing on a Category C felony charge of Burglary of a Business, to which he pleaded guilty on Nov. 4.

“The state respectfully asks that this defendant be held responsible for his crime,” Senior Deputy District Attorney Chelsea Sanford told the court. “He doesn't quite understand that this action has consequences.” Sanford recommended probation on a suspended sentence of 12–36 months in prison and asked for a fine of up to $8,000 should Alliston be placed on probation. She noted that Alliston deactivated an alarm so the burglary could be committed. “This was not a crime of opportunity,” Sanford said. “This is one that was planned out, where he used his skills and knowledge to commit this offense.”

Churchill County Alternate Public Defender Wright Noel agreed a suspended prison term was appropriate, stating, “I think the state is correct that a stiff penalty suspended over Mr. Alliston would be a good resolution here.” Noel said his client recognizes the need to make serious changes and is currently involved in a long-term program at Union Gospel.

Alliston told the court the program has been the biggest change in his life and that it was long overdue. He said he now understands the seriousness of his actions and accepts responsibility, stating, “At this point, whatever falls upon my shoulders, I accept that penalty.” He reported that he had entered a 10-month treatment program that includes random testing, assistance with employment, and housing upon reentry.

Judge Stockard granted Alliston probation on a suspended 24–60-month sentence, ordered him to complete the Union Gospel program in California, and ordered $3,800 in restitution related to extradition costs.

Charles Marvin Lee, in custody, appeared for sentencing on Possession of a Firearm by a Person Convicted of Domestic Violence, a Category B felony, and Unlawful Acts Relating to Human Excrement or Bodily Fluid Without Disease, a gross misdemeanor, both to which Lee pleaded guilty on Nov. 4.

Chief Deputy District Attorney Lane Mills urged the court to deny probation, stating, “When this court is considering whether this defendant is appropriate for probation, we really need to look at the sheer number of convictions he has … Seventeen convictions, 10 incarcerations.” Mills noted Lee had received multiple suspended sentences and opportunities in the past, arguing, “This is not a probation case.”

Churchill County Public Defender Jacob Sommer responded that Lee’s prior convictions were all misdemeanors, “This day will be the first day that Mr. Lee is now officially a convicted felon,” Sommer said, acknowledging his client’s conduct was unacceptable and largely driven by alcohol use.

Sommer quoted from a victim statement, “My work boots had blood spit on them while trying to assist Charles with his injuries. He was uncooperative and resisted my efforts to help him.” Sommer said the behavior was not acceptable “by any stretch of the imagination,” but argued Lee performs better under supervision and asked the court to impose an underlying sentence and grant probation so Lee could “prove it.”

Lee told the court, “I do take full ownership of the problems that I caused.” He said he contacted law enforcement himself, acknowledged breaking the law and making poor decisions, and left sentencing to the court.

On the felony charge, Judge Stockard sentenced Lee to 14–60 months in prison and ordered restitution of $674.59. On the gross misdemeanor, Stockard sentenced Lee to 364 days in jail and fined him $1,000, with the sentences to run concurrently. Lee was remanded to the sheriff's custody.

Jose Carlos Trujillo's sentencing was continued to February 10.