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District Court May 14

The Tenth Judicial District Court convened Tuesday, May 14, with Judge Thomas Stockard presiding.
District Court May 14
Joseph James Souza. Photo courtesy of CCSO.

Joseph James Souza, in custody, pleaded not guilty to three counts of the Category A Felony of Lewdness with a Child Under the Age of 14. Each charge is punishable by life in a Nevada State Prison with the possibility of parole after ten years. Souza also pleaded not guilty to Category D Felony of Attempt to Commit Sexual Assault on a Child Under the Age of 14 years, punishable by 2-20 years. All four counts carry mandatory registration as a sex offender and lifetime supervision by the Division of Parole and Probation (P&P). Souza invoked his right to a speedy trial. A settlement conference is scheduled for May 21. If a satisfactory outcome is not reached, the court will set the matter for trial by jury. 

Salvador Pena-Gonzalez pleaded guilty to the Category E Felony of Possession of a Controlled Substance, punishable by 1-4 years in prison and a fine up to $5,000. Judge Stockard provisionally placed Pena-Gonzalez in the Western Regional Drug Court program and ordered supervision by Court Services with daily check-ins and random drug testing, with sentencing set for July 16. 

Jeremy Wayne Southard pleaded guilty to two counts: Count I) Gross Misdemeanor charge of Abuse, Neglect, or Endangerment of a Child not Causing Substantial Mental or Physical Harm, punishable by 364 days in the Churchill County Jail and a fine of up to $2,000. For probation to be considered on this charge, Southard must submit to a Psychological Risk Assessment and be deemed not at a high risk to reoffend. Count II) Battery that Constitutes Domestic Violence, misdemeanor, punishable by two days to six months in jail, 48-120 hours of community service, a fine of $200-1,0000, and domestic battery counseling. Judge Stockard set sentencing for July 16.  

 Colt Kendrick Bishop pleaded guilty to the Category D Felony of Driving Under the Influence of an Intoxicating Liqueur or a Controlled or Prohibited Substance, a third or subsequent offense, punishable by 1-6 years in prison and a fine up to $2,000-$5,000. This offense carries a mandatory prison term unless Bishop qualifies for and is granted DUI Diversion. Judge Stockard ordered a PSI, provisionally placed Bishop into the diversion program, and scheduled sentencing for July 16. 

Danielle Arly Williams, in custody, pleaded guilty to the Gross Misdemeanor charge of Conspiracy to Commit Assault with a Deadly Weapon, punishable by up to 364 days in jail and a fine of up to $2,000. According to the allegations, a domestic dispute occurred involving a knife. Lane Mills, Chief Deputy District Attorney (CDDA), told the court that the victim does not want to see Williams saddled with a felony and is concerned that the defendant has substance abuse issues involving marijuana and alcohol. Churchill County Public Defender (CCPD) Jacob Sommer asked that Williams be placed on probation with the condition that she enter and complete the drug or specialty court program. Judge Stockard granted probation on a suspended 364-day jail sentence. Williams must obtain a substance abuse evaluation, comply with all recommendations, and remain in custody until her first appearance in Drug Court the following day.  

Robert Henry Lisenbee pleaded guilty to the Category D Felony of Failure to Stop on the Signal of a Peace Officer, punishable by 1-6 years in prison and a fine up to $5,000. A Pre-Sentence Investigation (PSI) was ordered, and sentencing was set for July 16.   

Stacy Karyn Babb, in custody, pleaded guilty to the Category E Felony of Possession of a Controlled Substance (methamphetamine), punishable by 1-4 years in prison and a fine up to $5,000. At the request of Alternate Public Defender (APD) Wright Noel, she was released on the condition that she test clean before release. Judge Stockard granted the request ordering Court Services supervision and provisional placement in Drug Court.  

Angelica Leticia Lopez Rickards, in custody, pleaded guilty pursuant to Alford to the Category B Felony of Attempt to Commit Robbery, punishable by 1-10 years in prison. An Alford plea allows a defendant to offer a guilty plea without admitting guilt. Judge Stockard provisionally placed Rickards in the Specialty Court program and set sentencing for July 16. Rickards was ordered to remain in custody until her first appearance in Specialty Court the following day.  

William Stephen McHaney appeared for sentencing on the Gross Misdemeanor of Abuse Neglect or Endangerment of a Child not Causing Substantial Mental or Physical Harm and on Misdemeanor Battery that Constitutes Domestic Violence, both to which he pled guilty in October.  

According to his Psychological Risk Assessment, McHaney is at low risk of reoffending and thus eligible for probation. Deputy District Attorney Priscilla Baker told the court that this was a situation where a difficult child was fighting back against discipline, and McHaney went beyond discipline, punching her and putting his hands around her throat.  

Baker asked for probation with the condition that McHaney attend anger management classes so he can learn this is not an appropriate way to interact with loved ones and, if P&P requires it, parenting classes along with the mandatory domestic violence counseling and fines.  

Defense attorney Paul Wolfe, Esq. told the Court that McHaney is not a violent man, and the underlying issue is alcohol. Wolfe said the assessment shows he is not a risk unless impacted by his use of alcohol. He understands that now – he is an alcoholic with addiction issues. Wolfe added that his client has been sober now for 14 months, has maintained full-time employment, and has been attending counseling that consolidates anger management, domestic violence, and parenting since January. He has completed 75 hours of community service and accepts full responsibility for his actions.  

McHaney apologized, stating he realized he did not handle this situation well and that alcohol is his downfall, telling the court he has gotten a lot of help since the incident, that he no longer drinks, and he will never do this again.   

The victim took the stand, and when asked to tell the judge how the incident had affected her, she stated, “It really hasn’t affected me a lot. I feel it’s affected his behavior a lot because ever since the incident, he’s really tried to change, and he's a whole different person.” She said that she has had a much better relationship with him ever since he stopped drinking.   

 

Judge Stockard granted McHaney probation on a suspended 364-day jail sentence on the child endangerment charge, two days in jail, and a fine of $200 on the misdemeanor battery, with credit given for time served. He must obtain a substance abuse evaluation, complete domestic violence counseling as mandated by the state, and complete 48 hours of community service. Judge Stockard told McHaney it sounds like he has made many changes. “Let’s keep it going.”  

Silvestre Barco Nevarez appeared for sentencing on the Category C Felony of Offer, Attempt, or Commission of an Unauthorized Act Relating to a Controlled or Counterfeit Substance, to which he pled guilty in February. Deputy District Attorney Aaron Thomas expressed the state’s concerns about the possession of 22 grams of methamphetamine and a pair of brass knuckles found in his possession upon arrest. Nevarez said he lost his focus on who he was and made a bad decision. Judge Stockard granted Navarez probation on a 14-48 suspended prison sentence and must obtain a substance abuse evaluation, following the recommendations therein.  

Travis Wade Souza, in custody, admitted to the non-technical probation violation of being removed from the Drug Court. DDA Thomas told the court Souza was removed due to a positive drug test, missed appointments, and failure to appear in court. His participation in the program was reported as “lackluster and not very interested, just going through the motions.” According to Thomas, Souza said he does not have a substance abuse problem and is not interested in treatment. The state recommended that no further resources be spent on Souza.   

Churchill County Public Defender (CCPD) Jacob Sommer said that while his client made those statements, his effort was lacking, and he regrets it. Sommer asked that Souza be reinstated on probation, lose his advantage of the diversion, but still attend Drug Court.  

Judge Stockard told Souza that by his count, Souza had failed or missed six tests. “This is as bad a performance in Drug Court as I have ever seen. It's disgraceful,” said Stockard. “And…it’s not an addict who wants to get better, it's an addict who's in freefall.” Stockard rescinded diversion, granted Souza probation on a suspended 19–48-month prison sentence, and ordered 120 days in jail with Souza to attend Drug Court while in custody. Upon release, he will obtain and follow the recommendations of a substance abuse evaluation and complete the Drug Court program.  

Isaac Jayson William Davis appeared for sentencing on the Category C Felony of Battery Causing Substantial Bodily Harm, to which he pled guilty in March. Davis read a prepared statement acknowledging he accepts full responsibility and humbly asked for leniency. Judge Stockard suspended the proceeding for 12 months, placing Williams in Drug Court. He is to obtain and follow the recommendations of a substance abuse and pay restitution of $3,703.53. 

Jacob Randall Granger, in custody, appeared for sentencing on the Category C Felony of Attempt to commit Residential Burglary, punishable by 1-5 years. Senior Deputy District Attorney Chelsea Sanford said Granger has an extensive criminal history, and every time he’s been given probation or drug court, it has ended in failure. She said the state echoes the feelings of the victim for a lengthy prison sentence. CCPD Sommer said his client recognizes this is a problem of his creation, which he regrets. Judge Stockard sentenced Granger to 24-60 months in prison. He was remanded to the Churchill County Sheriff's custody for sentence imposition.  

Colby James Lafrance appeared for sentencing on the Category D Felonies of Obtaining or Possessing a Credit Card or a Debit Card Without the Consent of the Owner and Fraudulent Use of a Credit Card or Debit Card Without the Consent of the Owner, to which he pled guilty in March. CCPD Sommer, before this incident, has been a responsible young man. He found himself in the midst of an addiction. Still, he has done much in the last month, including gaining employment, paying full restitution, resolving his Justice Court matter, and attending counseling. According to Sommer, Lafrance is penitent for what he has done. Lafrance apologized for his dishonorable, absolutely unacceptable behavior. In addition to the improvements mentioned, he said he has terrific support from his fiancé and family. Lafrance received probation on two consecutive sentences of 19-48 months in prison for an aggregate sentence of 38-96 months. He must obtain and follow the recommendations of a substance abuse evaluation and complete Drug Court  

Torie Rae Turner, in custody, admitted to a technical sentencing violation of consuming alcohol. Judge Stockard revoked Turner's probation for thirty days and ordered her to serve those thirty days in jail.

  

  

  

  

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