Edited September 1 to correct an error in the reporting of the sentencing for Franklin Miller and Jamarr Antwan Smith. It was reported Miller's sentence would run "concurrently," however it should read "consecutively." Smith's sentence was incorrectly reported as a Category B (1-20 years) but should correctly read "Category D (1-4 years)." We regret the mistake.
Trevor James Nady was scheduled to be arraigned, but could not be present in court. According to District Attorney Lane Mills, that Nady had been recently stabbed and was in the hospital being treated for his wounds. The case was continued pending his discharge.
Michael Lawrence Pfenning-King pled guilty to Robbery, a Category B Felony punishable by 1-15 years in prison. Moria Demarias Esq., counsel for Pfenning-King, stipulated to the factual basis as read in court and did not contest the facts as stated in the criminal complaint against her client. The allegations state that Pfenning-King held a knife at the alleged victim in a threatening manner and demanded money from them. Sentencing is scheduled for November 16.
Franklin Patrick Miller (in custody) pled guilty to Possession of a Controlled Substance; a Category D Felony punishable by 1-4 years in prison. CCPD Wright Noel, counsel for Miller, stated that the legislature does not require mandatory prison or probation. The only thing mandatory in this case is that any parole runs consecutively with a previous parole case. Noel said that his client was on parole when this case occurred and expects that he will be revoked for this. Miller had a large quantity of marijuana in his possession. Still, the marijuana he was in possession of was not all useable material. Miller said that he knows he messed up; he was just stupid. He has no idea what possessed him to agree to hold the material. Judge Stockard sentenced Miller to 19-48 months in prison. That sentence will be suspended for probation that shall run consecutive to his current case. Miller is to remain in custody until his current probation case is clarified.
Jennifer Aleen Russell-Kenton pled guilty to Possession of a Controlled Substance, a First or Second Offense; a Category B Felony punishable by 1-4 years in prison. Churchill County Public Defender (CCPD) Wright Noel, counsel for Russell-Kenton, stated that his client possessed methamphetamine and ask for Russell-Kenton be allowed to enter the Drug Court program. Judge Stockard suspended proceedings and granted the request and placed her on probation not to exceed 18 months provided that she complete the Western Regional Drug Court program.
Jamarr Antwan Smith was sentenced on charges of Use of Another Person’s Identifying Information to Delay or Avoid Prosecution; a Category D felony (punishable by 1-4 years in prison) years in prison. DA Lane Mills stated that Smith used his brother's name during a traffic stop, resulting in his brother unnecessarily spending a week in jail while the detention center definitively determined his identity. Mills asked Smith be sent to prison on this case and stated that Smith has a history with numerous failures to appear and another case of using another person’s identification dating back to 2012. He also stated that Smith has proven that he is unsuperviseable. CCPD Wright Noel, counsel for Smith, said that his client does have a long list of prior charges, but since his parole release in 2019, Smith has not had any further criminal charges. Noel stated that Smith learned a lesson while incarcerated and contacted the courts to rectify this case and other outstanding warrants that arose from unpaid traffic tickets. Judge Stockard sentenced Smith to 12-32 months in prison, suspended, with probation not to exceed 24 months, and require that he clear up all outstanding warrants within 60 days.
Jonathan Lawrence Sullivan pled guilty to Offer, Attempt, Or Commission of an Unauthorized Act Relating to the Manufacture or Compounding of Certain Controlled Substances; a Category C Felony punishable by 1-5 years in prison and Possession of a Controlled Substance, a First Offense; a Category B Felony punishable 1-4 years in prison. CCPD Jacob Sommer, counsel for Sullivan, stated that his client did offer to sell methamphetamine to another individual and knowingly possessed methamphetamine. Sentencing is scheduled for November 16.
Cory Bradford Woods (in custody) pled guilty to Assault with a Deadly Weapon; a Category B Felony punishable by 1-6 years in prison and Abuse, Neglect, or Endangerment of a Child; a Category B Felony punishable by 2-20 years in prison. DA Lane Mills stated that this incident involves someone who is prohibited from owning a firearm, and while grossly intoxicated, he struck and pointed a firearm at the victim. Mills said this is not a case of "help the addict'. It is a case of treating gun violence seriously. CCPD Wright Noel, counsel for Woods, stated that Woods is a prohibited person; there is no glossing over that. but that the court needs to acknowledge what a psychologist said about Woods and how to help prevent further crimes of this nature, citing the evaluation provided by Dr. Hicksen-Bernestahl that Woods is low risk to reoffending if he can maintain his sobriety and prevent future situations of this nature from occurring. Woods stated that has severe regrets about the situation and that he has an alcohol problem and needs to begin dealing with it in while custody because he will just drink again if he is released. Woods has spent 151 days in custody to try and deal with the underlying addiction problem. The report also suggested that Woods should not just be given probation, or he will fail, and he should have extra supervision with sanctions for any missteps. Judge Stockard sentenced Woods to 24-60 months in prison on both counts to run concurrently. Judge Stockard said that probation was considered in this case, but deemed inappropriate.
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