Justice Court March 12

Fallon’s New River Township Justice Court convened Thursday, March 12, with Judge Benjamin Trotter presiding.

Vicki Henderson appeared for sentencing on a first offense DUI. The court noted Henderson had been ordered to obtain a substance abuse evaluation before sentencing could proceed. Henderson told the court, “I did. I got two of them, actually. But I did it online.” Judge Trotter explained that the court needed a multi-page substance abuse evaluation report from a certified provider, and that an evaluation for this court was not something she could do online. He provided information on how to obtain the evaluation locally and continued the matter to May 21 for sentencing, giving her time to complete the state-mandated evaluation.

Felipe Rodriguez-Martinez appeared for a status hearing on four counts of Lewdness, including Lewdness with a Child Under 14, a Category A Felony punishable by life in prison with parole eligibility after 10 years, and three counts of Lewdness with a Child Under 16, Category B Felonies, each punishable by 1-10 years. If convicted, he would be subject to lifetime supervision and sex offender registration.

On behalf of Rodriguez-Martinez, defense attorney Lauren Gorman appeared via Zoom, with interpreter Maria Davis present on standby if needed. During his initial arraignment, Rodriguez-Martinez said he intended to fight the charges against him.

Senior Deputy District Attorney (SDDA) Chelsea Sanford said this was the first status hearing with defense counsel, that the state had sent all discovery, but the parties needed additional time to review the case and determine whether it could be resolved or should be set for a preliminary hearing. Gorman confirmed that negotiations had not yet begun. Judge Trotter set a status hearing for April 23.

Saira Sepulveda Soto appeared for sentencing on a DUI and traffic violation case. Deputy District Attorney Priscilla Baker, on behalf of the state, told the court the matter had previously been continued because the defendant had not completed her substance abuse evaluation. Baker said Sepulveda Soto had recently obtained the evaluation, but the written report was not yet complete. Judge Trotter continued sentencing to April 2 and advised Sepulveda Soto that she needed to ensure the evaluation report was provided to her attorney and the court before sentencing could proceed.

Victor Puga, in custody, appeared via Zoom from the jail for a status hearing on a case that included two charges of first or second offense Possession of a Controlled Substance, less than 14 Grams, and Use or Possess Drug Paraphernalia.

Churchill County Public Defender (CCPD) Jacob Sommer said Puga was being held only on the new case, as the court previously determined that the imposed suspended sentences in older matters could not be enforced because the suspension periods had expired. Puga had been charged with two counts of Domestic Battery, Resisting a Public Officer, and Criminal Contempt in 2021.

Sommer said the parties had reached a resolution under which Puga would plead guilty to Count II, Misdemeanor of Possession of Drug Paraphernalia, and both sides would remain free to argue sentencing.

Priscilla Baker, on behalf of the state, confirmed the agreement and said the state was asking the court to require Puga to obtain a substance abuse evaluation. Baker also asked for a suspended 90-day sentence due to Puga’s history of not following court requirements.

Sommer told the court Puga had already spent about eight days in custody and asked the court to impose a total of 10 days so he could be released that weekend and not have additional suspended time hanging over him. Puga told the court, “No, just besides—I'll get myself on the right track and get myself off of this drug and be on my way to do goodness.”

Judge Trotter accepted the guilty plea to Count II, dismissed Count I, and ordered Puga to obtain a substance abuse evaluation and follow all recommendations. Trotter sentenced Puga to 15 days in the Churchill County Jail, suspended for two years, and granted three days credit, leaving 12 days suspended. The court also ordered Puga to provide proof within 90 days that he had obtained the evaluation.

Michael Timothy, in custody, appeared for sentencing via Zoom from jail on misdemeanor charges of Petit Larceny and Obtain Money, Property, Rent, or Labor by False Pretense, a Value Less than $1,200.

SDDA Chelsea Sanford, on behalf of the state, advised the court that victim notification had been sent, and no victim appeared. She explained that the victim in the case had no restitution claim because the stolen item had been returned, but Premier Pawn was owed $160 after purchasing the item from the defendant. The state asked for restitution in that amount and for suspended jail time.  

Judge Trotter sentenced Timothy on Count I, Petit Larceny, to 15 days in the Churchill County Jail, suspended for two years, on the condition that he commit no new criminal violations and pay restitution within 90 days of release. On Count II, the court imposed another 15 days, suspended for two years, consecutive to Count I, with the same conditions. The court also ordered Timothy to pay $160 in restitution to Justice Court on behalf of Premier Pawn. 

Timothy told the court he could pay it immediately. Judge Trotter then ordered Timothy released on the justice court charges, noting he would remain in custody as he was being held on a separate District Court matter.

April Gililand did not appear for a status hearing for a first-offense charge of Possession of a Controlled Substance, Less than 14 Grams. DDA Priscilla Baker said Gililand had previously appeared for arraignment and status hearing, had been appointed counsel, and had been in contact with defense counsel as recently as the day before the hearing. Baker said the state believed Gililand had been notified of the hearing and asked for a bench warrant. 

Senior Deputy Public Defender Jeff Weed said she had been responsive and had been meeting with counsel, and asked the court to continue the matter for two weeks rather than issue a warrant. Judge Trotter consented to Weed’s request and set a status hearing for March 26.