The Tenth Judicial District Court convened on Tuesday, February 20, with Judge Thomas Stockard presiding.
Nicholas Lord Jackson, in custody, appeared for a Status Hearing. According to Charles Woodman Esq., Jackson was sentenced on December 12 on charges of Felony Possession of a Schedule I/II Controlled Substance for the Purpose of Sale and has been awaiting an interstate compact with South Dakota to be finalized. However, the compact has not materialized. Judge Stockard deemed the delay unacceptable and demanded prompt action. Following discussions between Stockard, Woodman, and Jackson, Stockard modified the conditions of Jackson's probation, stipulating that he would be released on the condition that he remain in Nevada until the compact is complete.
Silvestre Barco Nevarez pleaded guilty to the Category C Felony of Offer, Attempt, or Commission of an Unauthorized Act Relating to Controlled or Counterfeit Substance, carrying a potential penalty of 1-5 years in prison and a fine up to $10,000. According to the factual basis provided, Nevarez possessed and transported methamphetamine, a Schedule I Controlled substance. In Nevada, transporting is limited to 99 grams, while trafficking involves transporting 100 grams or more. Judge Stockard ordered a Pre-Sentence Investigation and set sentencing for May 14.
Kevin Franklin Russo appeared for sentencing on the Category D Felony of Embezzlement of a Value of $1,200 - $5,000, to which he pled guilty in November. Russo was provisionally placed in the Western Regional Drug Court at that time. “In reviewing this case, I understand the defendant has a severe drug problem,” said Senior Deputy District Attorney Sanford, noting Russo’s criminal record, which includes two prior felonies, one gross misdemeanor, and seven misdemeanors. Sanford argued for 12-30 months in prison for Russo or 19-48 months suspended if granted probation. She also requested Judge Stockard to order Russo to complete the Drug Court and serve 180 days in jail.
Wright Noel, with the Churchill County Public Defender’s Office, argued that Russo has shown he is capable of paying restitution and is currently in a residential treatment program, per the recommendation of Drug Court staff. According to Noel, Russo hopes to move on to Crossroads, a long-term sober living facility. However, he cannot do so while only provisionally in drug court. Noel asked the court to consider probation for Russo, who admitted, “I do have a serious drug problem,” and acknowledged his failure to comply with a previous treatment program. Judge Stockard granted Russo probation on a suspended sentence of 19-48 months, officially placing him in Drug Court, ordering restitution of $1,248.35 at the rate of $300 a month beginning August 1, and mandating no contact with the victim.
Larry Lee Puchert appeared for sentencing on the Category E Felony of Possession of a Controlled Substance, to which he pleaded guilty in November. Brenda Ingram with Court Services informed the court that the defendant had missed drug tests on several dates. Judge Stockard ordered a drug test before proceeding, asking Puchert, “What will those results show?” Puchert assured he would test negative for everything, which was confirmed. Public Defender Noel requested probation for his client, who apologized, stating, “I want to do something new; I’ve been doing drugs for four years. I’m trying.” Puchert received a suspended sentence of 19-48 months in prison and was ordered to obtain a substance abuse evaluation, follow the recommendations outlined, and report to Parole & Probation within 48 hours.
LeRoy Burton Allen Martin, in custody, pleaded guilty to a charge of Intimidating a Public Officer without Threat of Force, a Gross Misdemeanor carrying a potential penalty of up to 364 days in jail and a fine of up to $2,000. According to the factual basis given, Martin threatened a peace officer during an interaction. Martin was released on his own recognizance, sentencing was set for February 27, and he is prohibited from entering the Nugget Casino.
Kellsie Lynn Barry, in custody, admitted to two Technical Sentencing Violations, triggering graduated penalties. PD Noel stated that P&P is requesting Barry be required to go to The Empowerment Center for residential substance abuse treatment. Judge Stockard temporarily revoked Barry's probation for a period not to exceed 30 days and ordered Barry to be transported directly to the center as soon as a bed becomes available.
Angela Lynn Sanchez, in custody, admitted to Non-Technical Sentencing Violations, including failed reporting, controlled substance use, and absconding. DDA Thomas said Sanchez was missing for two months and was rejected by Drug Court due to a Facebook page with a title referring to dealing meth. Thomas requested Sanchez’s probation be revoked and that she serve the underlying sentence of 19-48 months. PD CCPD Jacob Sommer said Sanchez acknowledges her poor decisions, has stopped using drugs, is engaged in counseling, and has paid her supervision fees except for the two months she was absconded. He asked for 30 days of jail time followed by reinstatement of probation. Judge Stockard denied Sommer’s request and modified the underlying sentence of 19-48 months for Possession of a Controlled Substance to 14-48 months. Sanchez was remanded to the custody of the Churchill County Sheriff for imposition of sentence.
Tanina Rose Barley, in custody, admitted to a Non-Technical Sentencing Violation for absconding for over 400 days. CCPD Sommer asked for reinstatement, proposing the court extend her probation for 12 months if she is required to do a specialty program. He said his client has been in custody for some time and wants the chance to show the court she can do this. Barley apologized, stating, “I want to prove to you that I can succeed at the program.” DDA Sanford asked for revocation of probation in its entirety, arguing that the defendant did not comply for long before absconding. She had the privilege of Drug Court before; rather than complying, she absconded to commit crimes. Sanford said the state does not feel the defendant should be rewarded for her misbehavior. “It’s finally time for her to suffer the consequences.” Judge Stockard revoked Barley’s probation and modified the sentence to 14-48 months in prison. She was remanded to the sheriff's custody for imposition of the sentence.
Kristin Kay Scott, in custody, appeared in court after being tested for drugs before her appearance. Testing negative, she admitted to a Technical Sentencing Violation regarding failed reporting and failure to obtain the ordered substance abuse evaluation. Last week, Scott tested positive for methamphetamine during her hearing and was taken to jail. CCPD Jacob Sommer told the court that Scott's evaluation has since been completed. DDA Chelsea Sanford asked the court to follow the recommendations from P&P, reminding Judge Stockard, “You saw her conduct in court just a week ago; she had the audacity to lie to this court. It is time for her to face the consequences.” Stockard inquired of P&P, “What does she need to do?” It was explained that Scott needs to report when she is told to go to the Elko office, where her probation case was transferred. They have tried multiple times to get her to show up, but she comes up with various excuses, said a P&P officer, “Frankly, we don’t know what she’s been doing the last couple of months because she hasn’t reported.”
CCPD Sommer said Scott is learning some difficult lessons, and she is realizing it comes down to what she does. “She intends to do better from this moment forward,” Sommer stated, who asked the court to consider her recent time in custody toward the 30 days she may be sentenced to today.
Scott told Judge Stockard she is trying to do the right thing and wants a chance to do something better and move forward. A family member told the court a train ticket to Elko for tomorrow at noon has been purchased. Stockard revoked Scott's probation for seven days and applied seven days credit for time served. He then reinstated her probation, ordering her to report to Elko P&P within 48 hours of her release.
John William Fullen appeared for sentencing on two Category C Felonies: 1) Offer, Attempt, or Commission of an Unauthorized Act Relating to the Manufacture or Compounding of Certain Controlled Substances; and 2) Fraudulent Act Concerning Gaming, to which he pled guilty last November.
Deputy District Attorney Aaron Thomas argued for two concurrent 18–60-month prison sentences. “There are details of this case that raise significant concerns for our community,” Thomas said, explaining Fullen's eight prior felony convictions, all involving theft and/or controlled substances. The defendant sold 1.6 grams of methamphetamine to a protected source who also reported overhearing a conversation regarding Fullen going to pick up 1-3 pounds of methamphetamine in Mesa, AZ. In the gaming fraud case, Thomas mentioned that the restitution of $173.23 has not been repaid, adding, “The defendant has shown no actions toward these reparations or righting the wrong he has committed.”
Court-appointed defense attorney John Kadlic said Fullen has been out of custody since November 28 and has fulfilled all court requirements. Kadlic pointed out that his client's last criminal action was 17 years ago; he abstains from alcohol or drugs and is an ideal candidate for probation. Fullen received probation on concurrent suspended sentences of 19-48 months and was ordered to obtain a substance abuse evaluation and adhere to the recommendations therein. Restitution was ordered to be paid at $40 a month.
Sonnie Angelo Anzaldua appeared for a Status Hearing. Anzaldua's criminal trial is currently set for May 20-24, 2024. Court-appointed Attorney Robert Wieland said he has met with the defendant and would like to schedule a settlement conference. A date will be set administratively.
Continuances:
Cody Brandt Franklin's sentencing was continued to March 5.
Corey Lamar Etchinek's sentencing was continued to March 5.
Landon Dakota Mason's sentencing was continued to March 5.
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