The Tenth Judicial District Court convened Tuesday, Jan. 20, with Judge Thomas Stockard presiding.

The Tenth Judicial District Court convened on Tuesday, January 20, with Judge Thomas Stockard presiding.

Stephanie Torres Herrera, after pleading guilty on Nov. 18, 2025, appeared for sentencing on Possession of a Controlled Substance (methamphetamine), a Category E felony, punishable by 1-4 years in prison, in which probation is common in first and second offenses.

Churchill County Public Defender Jacob Sommer told the court that Herrera’s plea did not mandate probation due to her criminal history. He asked Judge Stockard to consider placing Herrera in the Western Nevada Regional Drug Court as a condition of probation, noting that her acknowledgment of needing additional tools, counseling, and support amounted to informed consent.

Herrera told Judge Stockard, “I’m doing good so far. It's just that I don't trust that I can keep going without … drug court, on my sobriety.”

Judge Stockard told Herrera it was appropriate that she was honestly assessing where she stood, noting that based on her criminal history, the case could easily have resulted in a prison sentence.

Stockard granted Herrera probation on a suspended 19–48-month sentence, ordered her to obtain and follow the recommendations of a substance abuse evaluation, and placed her in Drug Court.

Gabriel Otto Marckstadt appeared for sentencing on the Category C felony of Battery Causing Substantial Bodily Harm, punishable by 1–5 years in prison, to which he pleaded guilty on Nov. 18. According to court records, Marckstadt punched and kicked another person in the jaw, causing prolonged pain.

Churchill County Alternate Public Defender Wright Noel told the court that Marckstadt turned himself in to the Churchill County Sheriff’s Office following the incident and has fully accepted responsibility. He said his client understands that this offense was serious and recognized the gravity of his actions.

Noel asked the court to consider probation with a substantial underlying sentence, noting that Marckstadt’s substance abuse evaluation recommended outpatient counseling, that he has remained sober since the incident, and that he is in a better place than he was at the time of the offense.

Marckstadt addressed the court, stating, “I’m very sorry for how I acted that night and for what I did. Like my lawyer said, if I could go back and do it all over again, I would.” He added, “I would like to take this chance to apologize to the victim and I'm deeply sorry for what I did that night.”

A victim impact statement was read in which the victim described ongoing physical and emotional effects from the assault. “First and foremost, the things I never used to have to think about — chewing, showering, talking — have become a daily struggle,” the victim said. He stated that he no longer eats in public, avoids conversation, and experiences severe pain with basic movements. “Yawning is incredibly painful,” he said, adding that any movement stretching his face causes shooting pain.

“But none of that is comparative to how it has affected my family,” he continued, remarking that hugging and kissing his wife is now painful, “even if there was no pain, my lips are numb. Imagine spending the rest of your life not being able to enjoy kissing your spouse.” 

The victim also said his family lives in constant fear that Marckstadt could return while he is at work, noting the toll on his wife’s mental health and the financial strain. “And finally, missing out on holidays,” he said. “Imagine not being able to eat with your family on Thanksgiving and Christmas. And all because I decided to try and help somebody.”

Judge Stockard granted Marckstadt probation on a suspended 24–60-month prison sentence and ordered him to obtain and follow the recommendations of a substance abuse evaluation.

Brett Jesse Michael Fearn appeared for sentencing on charges of Assault with a Deadly Weapon, a Category B felony punishable by  1–6 years, and two gross misdemeanors: Injuring or Tampering with a Vehicle and Injury to Another’s Property, all to which Fearn pleaded guilty on Nov. 18.

Senior Deputy District Attorney Chelsea Sanford reported that Fearn brought a $1,000 cashier’s check toward restitution. As a result, sentencing proceeded on Count III, Injury to Another’s Property, with sentencing on Counts I and II continued for one year pursuant to the plea agreement.

Sanford said that Fearn was 18 years old at the time of the offense. “Yes, this defendant is young,” she said, noting that his age, naivete, and influences in his life contributed to the situation. Referring to statements made by Fearn in the Pre-Sentence Investigation (PSI), Sanford told the court, “This defendant thinks he's Batman,” adding that he is not.

“At 5 a.m. an elderly man … hears aggressive knocks at the front door,” Sanford continued, explaining that the man’s son also heard the knocking. She said the door was splintered, the defendant was angry and holding a knife, but “when push comes to shove,” he dropped the knife and ran away.

According to Sanford, Fearn was identified through a neighbor’s Ring camera. She said he initially denied involvement but later admitted his actions, claiming he was justified because he believed he needed to teach the victim a lesson. Sanford described the incident as “an ugly situation that this defendant created,” also reporting Fearn had slashed the victim’s vehicle tires before damaging the door.

CCPD Jacob Sommer acknowledges that “Mr. Fearn has done some ill-advised things and ... said some ill-advised things.” However, he has also shown recognition that the behavior was inappropriate and compromised public safety. Sommer asked Judge Stockard to follow the joint recommendation of the plea agreement, stating, “Mr. Fearn has a lot of things to do to prove that he is going to grow and move on from this; and I believe that he will do that as the next year, and the next two, unfold as he complies with this agreement.”

Fearn addressed the court, stating, “I regret everything I done that night. If I could go back and change it, I absolutely would, 110% … I'm sorry for the victims.”

Judge Stockard told Fearn, “I’m worried about you. You're a young man that … thinks that everything that goes wrong is someone else's fault.” Stockard described the plea as “one heck of a deal,” stating that Fearn’s conduct was “outrageous, and prison worthy,” but also acknowledged, “You did come up with $1,000 today. That's impressive.”

On the gross misdemeanor count of Injury to Another’s Property, Judge Stockard granted Fearn probation on a suspended 364-day jail sentence and ordered restitution of $1,915.76, with monthly payments of $100 or more. Stockard also ordered Fearn to complete his high school diploma or GED by August, have no contact with the victim or the victim’s father, and to obtain full-time employment by Feb. 1. If Fearn fails to get a job, he must complete 40 hours of community service for each month he is unemployed, beginning March 1. Sentencing on the felony and remaining misdemeanor count was continued to Feb. 16, 2027.

Heidi Kelley’s sentencing was continued to Feb. 10.