Notes from District Court - Rau Sentenced

Randy Eugene Foley, who is in custody, appeared in court for a probation violation and was removed from the drug court program. Foley was originally sentenced on July 29, 2022, to 48-120 months in the Nevada State Prison on one count of Grand Larceny of a Firearm. His sentence was suspended, and he was placed on probation, not to exceed 36 months. Foley was arrested in April 2022 for residential burglary, as well as violating a Temporary Protective Order for stalking and harassment, and again in August of 2022 for Petty Larceny. Defense Attorney John Kadlic told the Court there is no inpatient treatment facility that will take Foley due to his violent history. Kadlic said, "I don't know what the next step is." He asked that Foley be given one last chance. ADA Chelsea Sanford speaking for the State stated Foley is too dangerous to be in the drug court program and he has already shown he will not comply with Court orders. She asked that the Court impose the underlying sentence. Shirley told Foley being on probation is a privilege. He then imposed the underlying sentence of 48-120 months to be served in Nevada State Prison with 172 days credit given for time served.

Trey Ayard Wilson-Landis, in custody, appeared for a sentencing violation. The alleged violations included the use of a controlled substance, failing to comply with Parole and Probation, failure to pay fees, failure to comply with the rules of Regional Drug Court, and possession of a controlled substance. Wilson-Landis admitted to some but not all of the violations. Deputy Assistant District Attorney Lane Mills told the Court that while he had been granted probation, the defendant violated with positive test after positive test after positive test. Defense Attorney Wright Noel spoke of the progress Wilson-Landis has made and asked the Court for either reinstatement of probation or dishonorable discharge from probation. Wilson-Landis told the Court he has his own place, his own car, and a job he actually likes and asked for mercy and to be allowed to finish his probation. Wilson-Landis's mother spoke to the Court, also speaking about progress he has made and telling the Court, "He is not a street kid," and asked for mercy. Judge Shirley imposed the underlying sentence of 24-60 months in Nevada State Prison with 210 days credit given for time served.

Joshua Michael Rau appeared for sentencing on four charges. Attorney Jacob Sommer was present to represent Rau on charges of Burglary and Being a Lookout while another attempted to utter a false document. Sommer stated that Rau has had 51 random drug tests and they have all been negative, he is employed, he has paid the restitution in full, and based on his conduct Rau has demonstrated he has gotten the message about the serious nature of his offenses, and he will comply.
Attorney Kyle Edgerton was present via Zoom to represent Rau on the charges of Failure to Appear and Unlawful use of Personal Information. Edgerton told the Court Rau has basically walked the path that was laid out for him and has done everything in his power to turn the corner. ADA Priscilla Baker, representing the State, said the court should look at the whole picture of what the defendant was facing. She said Rau took a tool from another's truck and pawned it, he was a lookout at a casino while an associate attempted to utter a false document, he failed to appear for 497 days, then Rau got ahold of checking account information and cashed forged checks on that account. Baker went on to say Rau blames others and gives excuse after excuse after excuse. She requested Rau not get probation stating, "He can't keep deflecting. He can't keep blaming others. He needs to take responsibility for his actions." Rau told the Court he regrets everything he has done and that if he is given the opportunity of probation "I will not screw it up." A victim made an impact statement speaking about the substantial financial and logistical impact, the mental effects, and the dishonor to the kind and honorable lives of her parents. She concluded her statement by telling the defendant, "It is my hope that you acknowledge your dishonest actions have consequences and that you learn from these consequences in a positive way and go on to lead a productive life."
On the burglary charge, Shirley sentenced Rau to two years in prison, which was suspended, and Rau was placed on two years probation, the first of which Rau is to serve every weekend in the Churchill County Jail. Count 2 was dismissed. On the Failure to Appear charge, Rau received a sentence of 1-4 years in prison, suspended and he was placed on probation. Conditions, fees and fines were imposed on counts 1 and 3. Sentencing on the Unlawful use of personal information charge was deferred until October of 2024. Regarding the deferred sentence, Shirley admonished Rau, "If you have done well, we will put you on probation. If you haven’t, you will go to jail."