Jonathan Sotero Kelley appeared in District Court on March 26 before Judge Thomas Stockard for sentencing on the wobbler charge of Attempt to Commit Burglary of a Motor Vehicle, to which he pleaded guilty in January. As a wobbler, the charge can be sentenced as either a gross misdemeanor or as a felony.
Chief Deputy District Attorney Lane Mills addressed the court, stating, “What we want Mr. Kelley to realize, and that the court to fashion a sentence to help him realize, the impact that his conduct has on people.” Mills reported the victim in the case saw on camera that someone tried to get into his home when he was away. Kelley and another individual were actively trying to get into the house while Kelley waved at the camera. “The impact that these things have on people is real.”
It is because of unthoughtful actions like the defendant's that people feel the need to have a Ring camera, keep a baseball bat near their front door, or go buy a gun, or that businesses feel the need for security cameras everywhere. “This is a young man, and he did some tremendously stupid things,” said Mills. “But we want him to know that this route does have an impact, that this is not a game.”
Wright Noel, with the Churchill County Public Defender’s Office and defense counsel for Kelley, said that his client realizes that this conduct causes danger not only to the members of the community but also to Kelley, who could end up in a very dangerous situation. “But, also, there's the possibility of an extended prison sentence. I think it’s important the court know Mr. Kelley has received that message loud and clear.”
Noel asked that Kelley be sentenced to a gross misdemeanor and granted probation with the condition that he gain full-time employment. “We’d like the opportunity to show you and the court he is capable of more than what he's done,” said Noel.
During their victim impact statement, the victim explained how this event has affected his family. “The fear of someone coming into your house, knowing that only a small metal device on your door is the only thing keeping them from your child and everybody else in your family, is frightening. It has caused a hyper-vigilance for security in my house. My wife, coming from a third-world country, got her weapons permit, got a weapon. She's scared.” He said they now practically patrol their home to make sure everything is secure. “There’s a level of anger there, a level of fear. My family’s basically all I got. I'm glad my lock and my camera were there, but what would have happened if they got in?”
Judge Stockard sentenced the offense as a gross misdemeanor, granting Kelley probation on a suspended 364-day sentence. He was ordered to complete a substance abuse evaluation and follow all recommendations. He was also ordered to serve five days in jail beginning after his court appearance and must have no contact with the victim, or the two other defendants in this case. Kelley was remanded to the custody of the sheriff for imposition of sentence.
Comment
Comments