Teresa Moon
Rocky Emerson Wells, 45, appeared for sentencing on Tuesday, April 7, in the Tenth Judicial District Court in Fallon before Judge Thomas Stockard on Case 25-10DC-0946 for Ex-Felon Not to Possess a Firearm. Wells was granted probation on the Category B felony, punishable by 1-6 years in prison, which is not typically probational under current Nevada law.
Wells’s case originated just over a year ago with his April 1, 2025, arrest. He appeared in New River Township Justice Court before Judge Benjamin Trotter two days later and was arraigned on felony and misdemeanor charges alleging drug possession, transport, and sales involving multiple controlled substances, including fentanyl, methamphetamine, heroin, cocaine, Suboxone, and methylphenidate.
Investigators reported quantities consistent with personal use and distribution, including approximately 27 grams of cocaine, which elevates possession to transporting (which has a 28-gram threshold) into a more serious offense. Also, 30 fentanyl-laced “M30” pills commonly referred to as “Dirty 30s,” along with more than 3 pounds of marijuana and cannabis concentrate exceeding legal limits.
Authorities also reported Wells had $5,841 in cash in his pocket at the time of arrest. Additional charges include possession of drug paraphernalia and two counts of allowing a child to be present during the commission of drug-related offenses, involving a one-year-old infant in a residence with access to controlled substances. Wells is also charged with a Category B felony of an ex-felon in possession of a firearm, with three firearms allegedly recovered.
Wells was released on his own recognizance by Judge Trotter under Court Services supervision, with bail set at $223,000, to be applied should Wells violate the conditions of his release. Wells waived his right to a Justice Court preliminary hearing on Oct. 2, 2025, and his case was bound over to the Tenth Judicial District Court.
The Criminal Complaint filed Oct. 3, 2025, in District Court alleged only that Wells possessed a Colt MKIII .357 Magnum revolver, a Tanfoglio Model E15 .22RL revolver, and a Switch gun 22 Magnum mini revolver, having a prior felony conviction for third-offense Domestic Battery. He pleaded no contest to the charge on Oct. 28, 2025. According to the clerk’s office, no Criminal Complaints relating to the other charges have been filed in District Court.
During last week’s sentencing hearing, Court Services Director Brenda Ingram reported that since his release, Wells had been drug tested randomly and produced 78 negative results.
Deputy District Attorney Chelsea Sanford told the court that Wells “became a prohibited person from possessing a firearm” in 1999 when he received his first conviction for domestic battery. She explained that laws preventing felons from possession come down from the legislature, which questions a felon’s “poor judgment or dangerous behavior,” and that “a felony conviction is viewed as a demonstration that an individual cannot be trusted to handle firearms in a safe, lawful manner.”
Sanford said Wells' criminal history shows “this is not the type of individual that is looking for self-protection; he is the one we need protection from.” Sanford asked for a sentence of 24 to 72 months in prison, stating, “He has already shown he cannot be trusted and has poor judgment.”
Wells appeared with retained defense attorney Steve Evenson, who challenged the circumstances by which his client was found to be in possession of a firearm. “The state ignores the significant reasons why this matter ends up in front of you as it does. The misdeeds of law enforcement … are prolific, even by my standards, and would shock the conscience of this court if we spent time going into them in grave detail.”
Evenson said that it was in light of that this offense was chosen “to avoid a long, expensive, and protracted legal fight.” Regarding his criminal history, Evenson agreed his client “was raising some serious hell” up until about 2008. He noted Wells had an assault and battery in 2013 for which he received a suspended jail sentence, and a few years later, a charge of permitting a dog to chase “a domestic animal of some nature.”
Evenson, who asked for probation, pointed out that Wells’ current charge came about twelve years later, a long time with no convictions. He noted that the defense does not feel that the harshest penalty under the law is appropriate and that Wells will exceed the expectations of everyone.
Wells told the Court he has been employed fabricating rebar for about eight months, and is hoping to be full-time employed there once this is over. He apologized to everyone for his actions.
He said he has been “real good” for the last year; his last felony conviction was in 2006; he has been with his wife for 17 years; and wants to be able to take care of his family. He told Judge Stockard, “I just messed up, and I admit to the court that I did.”
It was noted during proceedings that Wells in arrears on child support payments by $400,000. Judge Stockard placed Wells on probation for 36 months on a suspended prison sentence of 28-72 months and ordered him to obtain a substance abuse evaluation and follow all recommendations.
Although the charge of Ex-Felon Not to Possess a Firearm, a Category B felony, carries a prison sentence and rarely results in probation, Nevada law does allow for judicial discretion in sentencing. In practice, probation in such cases is uncommon and typically reflects factors beyond the face of the charge, including negotiated plea agreements, evidentiary challenges, or other case-specific circumstances. Given the seriousness of the offense and the defendant’s broader criminal history, a probationary outcome would not be considered typical and indicative of underlying legal or procedural considerations.
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