Tenth Judicial District Court

The Tenth Judicial District Court convened on Tuesday, May 5, with Judge Thomas Stockard presiding.  

Paul Lee Jr., in custody, appeared for sentencing on the Category D felony of Convicted Sex Offender Providing False or Misleading Information, to which he pleaded guilty in March.

Churchill County Public Defender Jacob Sommer requested probation with an additional 60 days in jail for his client, explaining that when Lee was arrested for the offense, he was at the Sheriff’s Office registering, although late. Sommer said the defendant would like to enter a treatment program, and the defense is working to secure placement; however, the process is more difficult because Lee is a sex offender.

Judge Stockard continued the case to July 7 to allow the defense time to obtain a bed date. Stockard noted he is not guaranteeing probation by doing so.

Autumn Nicole Castleberry, in custody, admitted to a technical sentencing violation for testing positive for marijuana. Judge Stockard noted a Motion to Amend had been filed pertaining to marijuana and denied the motion.

Chief Deputy District Attorney Lane Mills asked for the maximum revocation allowed by law, stating, “What we have here is frankly gross dishonesty to the division [Parole & Probation], outrageous dishonesty to the division.”

Defense Attorney Charles Woodman told the court that many people today, including his client, use marijuana as a stabilizer. “Outside of the criminal justice system, which she is in and which she acknowledges, it’s not even illegal anymore.” He said Castleberry now understands it is not permitted. Woodman stated the defendant has been off methamphetamine for 20 months, has maintained the same job for more than a year, and has continued making restitution payments.

Responding to Mills’ statement, Woodman said, “So ‘gross dishonesty.’ Since Your Honor put her on probation, it's almost the opposite of that.” He expressed concern that if Castleberry remained in custody any longer, she would likely lose her employment and be unable to continue making restitution payments. Woodman asked the court “to let it be lesson learned, and get herself back to the stable life that she's been able to build the last couple of years.”

Castleberry apologized to the court and said she has struggled with drug addiction for 25 years. “I'm not perfect; but I’m trying to learn how to be a better person,” she said.

Judge Stockard revoked Castleberry’s probation for 12 days and awarded 12 days of credit for time served. Stockard made clear she is not permitted to use marijuana under any circumstances and ordered GPS monitoring for 180 days.

David Steven Haskin, in custody, appeared for sentencing on two charges: the gross misdemeanor of Conspiracy to Commit Burglary and the Category B felony of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance, a Third or Subsequent Offense. Haskin pleaded guilty to both charges in March.

Deputy District Attorney Priscilla Baker told the court that an application for diversion was filed on March 3 and that the State has no objection to the defendant applying for and participating in the DUI Diversion program. She did note Haskin had previously been allowed into diversion, but only attended twice.

At Judge Stockard’s request, Court Services Director Brenda Ingram reviewed Haskin’s lengthy Court Services history, which included numerous positive tests and missed tests.

Baker said that when Haskin first began participating in the DUI Diversion program, inpatient treatment had been recommended, but obtaining placement was difficult because of his health and insurance issues. She noted the program did not determine that he was ineligible.

Defense Attorney Charles Woodman began by stating, “I don’t know how many times, Your Honor, Court Services has to spend that much time reporting on a history. Not very often.” He said his client would agree that while some of the compliance issues reported by Ingram had valid explanations, others did not. Woodman reminded the court that Haskin has Stage IV cancer and missed a treatment appointment the previous week while in custody, despite transportation arrangements having been made.

Woodman argued that if his client were placed in the DUI Diversion program, “he is being set up to fail,” and suggested Haskin instead stipulate to withdraw the application for diversion. He concluded, “I would simply ask the court to look at something in the low range on sentencing.”

Haskin told Judge Stockard, “I'm sick, Your Honor.”

On the gross misdemeanor charge, Judge Stockard sentenced Haskin to 33 days in jail and awarded 33 days of credit for time served. On the felony DUI charge, Stockard sentenced Haskin to 19–60 months in prison and imposed a $2,000 fine. Haskin was remanded to the custody of the Churchill County Sheriff for imposition of the sentence.

Please visit thefallonpost.org for the remainder of the May 5 court story.