Tenth Judicial District Court The Tenth Judicial District Court convened Tuesday, February 3, with Judge Thomas Stockard presiding.

The Tenth Judicial District Court convened Tuesday, Feb 3, in Fallon with Judge Thomas Stockard presiding.

Clay Edward Erb pleaded no contest to the Category D felony of Offer, Attempt, or Commission of an Unauthorized Act Relating to a Controlled or Counterfeit Substance, punishable by 1–4 years in prison and a fine up to $5,000.

Deputy District Attorney Priscilla Baker told the court the charge was “a legal fiction,” explaining that while the state could have proven controlled buys of methamphetamine, the charges were reduced as part of the resolution.

Judge Stockard ordered a Pre-Sentence Investigation (PSI) and set sentencing for April 7.

Joshua Michael Rechel pleaded guilty to Attempt to Possess a Controlled Substance, a wobbler offense that allows the court to sentence the charge as either a Category E felony punishable by 1-4 years in prison or a gross misdemeanor, punishable by up to 364 days in jail.

Defense attorney John Fahrendorf submitted a substance abuse evaluation, proof of completion of a victim impact panel, and documentation showing Rechel has been engaged in counseling. Fahrendorf asked the court for probation, stating that Rechel struggles with alcohol rather than drug addiction. He said the incident involved Rechel driving a friend’s vehicle that contained a small amount of mushrooms, and that he has now been sober for five months.

Rechel apologized to the court and the community for what he described as a reckless decision, stating that he did not realize how severe his alcohol addiction had become and that he takes responsibility for his actions.

Judge Stockard sentenced the charge as a gross misdemeanor, imposed a suspended 364-day jail sentence, and placed Rechel on probation.

Sean Berton Duffy appeared for sentencing on Battery Causing Substantial Bodily Harm, a Category C Felony, punishable by 1–5 years in prison, and a fine up to $10,000.

Duffy pleaded guilty to the charge in December. Churchill County Alternate Public Defender, Wright Noel, told the court the case was appropriate for diversion, stating that Duffy encountered someone he had previously had an altercation with and believed the person was reaching for a knife, leading to a struggle in which the victim was injured. Noel said Duffy now recognizes he should have acted differently. He noted Duffy has since been engaged in treatment at New Frontier and asked the court to allow him to continue in the Western Nevada Regional Drug Court.

Duffy told Judge Stockard, “The last time we spoke you asked me if this was the correct course of action; if I believed that I was on the right path with this.” He said he believes he is on a better path and that “my reports are speaking louder than I ever could.”

Judge Stockard granted Duffy probation on a 24–60 month suspended prison sentence, placed him in the Western Regional Specialty Court program, and ordered Duffy to obtain the appropriate evaluations and follow all recommendations.

Debra Marie Davis, in custody, pleaded guilty to the wobbler charge of Attempt to Commit Embezzlement of a value of $1,200 or more but less than $5,000. The court can sentence the charge as a Category D Felony, punishable by 1-4 years in prison, or as a gross misdemeanor, punishable by up to 364 days in jail.

According to court records, Davis attempted to take a vehicle valued at $3,500. Senior Deputy District Attorney Chelsea Sanford requested a two-week continuance to allow for victim notification.

Judge Stockard provisionally placed Davis in Drug Court, ordered Court Services supervision, and said that her custody status would be determined by Drug Court, and set sentencing for Feb. 26.

Rene Lucio Williams, in custody, pleaded guilty to the Category E felony of Possession of a Controlled Substance (methamphetamine), a first or second offense, punishable by 1–4 years in prison and a fine up to $5,000. Sentencing was set for Feb. 10.

Kaza Gail Kaylor, in custody, appeared for sentencing. Kaylor previously pleaded not guilty to two Category C felony charges: Grand Larceny of Goods or Property Valued at $5,000 or more but less than $25,000 and Obtaining or Possessing a Credit or Debit Card Without Consent. A jury trial was scheduled to begin Jan. 28.

On Jan. 27, pursuant to plea negotiations, Kaylor pleaded guilty to an amended gross misdemeanor charge of Conspiracy to Commit Grand Larceny of Property, punishable by up to 364 days in jail and a fine of up to $2,000.

Judge Stockard sentenced the offense as a gross misdemeanor. He granted Kaylor probation on a 180-day suspended jail sentence and ordered restitution of $6,246.75, to be paid at $568 per month.

Justin Shane Poindexter failed to appear for a status hearing for the second consecutive week. Judge Stockard issued a $25,000 warrant for his arrest.

Mekyel Kenneth Tybo, in custody, appeared for sentencing on the Category B felony of Failure to Stop on the Signal of a Peace Officer, to which he pleaded guilty on Dec. 2. Tybo also admitted to a non-technical sentencing violation of absconding from probation in an earlier methamphetamine case.

DDA Priscilla Baker reminded the court that in the prior case, Tybo was driving a vehicle with a shattered and obstructed window when law enforcement attempted a traffic stop. Tybo eluded a trooper, eventually high-centering the vehicle before fleeing on foot. After a chase, Tybo was apprehended and found in possession of 12 milliliters of methamphetamine. He was charged with Possession of a Controlled Substance and received a suspended sentence of 12–36 months in prison.

Baker said Tybo never checked in with probation, failed to obtain employment, did not report his residence, did not pay probation fees, and absconded. “Four months later, we have the new case.”

In the new offense, a deputy attempted to stop Tybo for a headlight violation. Tybo again eluded law enforcement, driving recklessly through town and residential neighborhoods before fleeing on foot. Baker said he was hiding under a vehicle, fled again, and was ultimately detained after resisting arrest. During the struggle, a deputy sustained injuries, and Tybo was found in possession of 5.8 grams of methamphetamine. Baker also noted that another vehicle was involved in an accident during the pursuit.

Baker acknowledged Tybo’s long history of substance abuse and said he reported having a future bed date in treatment, but argued that Tybo had been given multiple opportunities. “He places law enforcement and our community at risk,” Baker said, asking for a sentence of 28–72 months in prison on the felony charge, to run consecutive to the prior case, and for probation to be revoked with the underlying sentence imposed.

Defense attorney Charles Woodman acknowledged Tybo’s criminal history but noted it was largely drug-related and that he did not have an extensive felony record.

Woodman told the court Tybo grew up with a drug-addicted mother who was frequently incarcerated. He described Tybo as “an incredibly sweet man,” who was worth one more chance, stating that in more than 30 years, he could not recall representing someone kinder.

Tybo told the court he was disgusted with and embarrassed by his own actions.

On the felony charge, Judge Stockard sentenced Tybo to 24–60 months in prison. He revoked Tybo’s probation in the earlier case and imposed the underlying sentence, ordering the sentences to run consecutively.