After nearly a year, Brandon Powell finally appeared for sentencing before 10th Judicial District Court Judge Tom Stockard. Powell was arrested after pulling a gun in a crowd of people at Lake Lahontan last June while under the influence of alcohol. Video and photographs of the altercation between Powell and other lake-goers were posted on social media at the time and sparked heated emotions.
Represented by Joseph Fahrendorf, Esq., Powell originally faced charges of driving under the influence (1st offense), assault with a deadly weapon, and aiming/pointing/discharging a firearm in a Nevada state park. In the video, Powell is seen aiming the gun directly at more than one individual. Two rounds were fired from the weapon away from the crowd, resulting in no injuries. One infant was only a few feet from Powell while his weapon was drawn and aimed at the victim. Other children were also nearby.
Powell previously entered a guilty plea to a single charge of assault with a deadly weapon with no enhancement for being intoxicated while in possession of a firearm. According to his attorney, he appeared before Justice Court and was sentenced for the DUI on May 30th. Powell’s blood-alcohol level was reported at .3.
Since the time of his arrest, he has completed level II treatment for alcohol addiction, voluntarily installed an interlock or breathalyzing device in his vehicle and is continuing to receive counseling.
Addressing the court, Powell stated that he has taken this very seriously. “I want to take responsibility, I want to apologize. I’ll do anything to prove to the court and to the community that I can be a good person." Victims were notified of Powell’s sentencing and invited to make a victim impact statement before the court, however, none appeared by teleconference or in person.
Judge Stockard handed Powell a term of 12-48 months with the sentence suspended and probation not to exceed five years and he is to enroll and complete a program within Western Regional Drug Court. Upon successfully completing probation and all required programs, in accordance with State law (NRS176A.260), Powell will be able to file a petition to expunge his felony conviction and regain his rights to own and carry a gun.
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