District Court July 16

The Tenth Judicial District Court convened on Tuesday, July 16, with Judge Robert Estes presiding.

Justin Lee Overson, in custody, pleaded guilty to the Category E Felony of Possession of a Controlled Substance (methamphetamine), which carries a potential penalty of 1-4 years in a Nevada State Prison and a fine of up to $5,000. Judge Estes provisionally placed Overson in the Western Regional Drug Court program and set sentencing for July 30.

Salvador Pena-Gonzalez appeared for sentencing on the Category E Felony of Possession of a Controlled Substance, to which he pled guilty in May. Defense Attorney William Swafford, Esq., stated that his client has minimal history, was drunk at a bar, and had a bottle of Xanax, which he began sharing with other patrons. Swafford noted that drugs and alcohol have held Pena-Gonzalez back and that he needs some help with this. He asked the court to follow the joint recommendations of the plea agreement for probation, which was granted.

Colt Kendrick Bishop appeared for sentencing on the Category D Felony of Driving Under the Influence, to which he pled guilty in May. Churchill County Public Defender Jacob Sommer said his client had been provisionally placed in the Diversion program and is doing well. Judge Estes officially placed Bishop in the Diversion Program.

Devon B. Dion, in custody, admitted to Non-Technical Sentencing Violations, including Absconding (since June 20, 2023), being in arrears in supervision fees, and failure to obtain a substance abuse evaluation. Deputy District Attorney Aaron Thomas told the court Dion’s lengthy absconding only ended because she was taken into custody. Thomas asked for the revocation of probation. Alternate Churchill County Public Defender Wright Noel explained her husband got sick and passed away; probation became a back burner issue, and he asked that Dion’s probation be reinstated. Dion told the court that everything they say is true and hoped the court could “give me just one more chance because that’s all I need.” Judge Estes told Dion he understood she might have some problems. “But at some point, you have to answer for your actions,” said Estes. He revoked her probation, and Dion was remanded to the custody of the Churchill County Sheriff for imposition of the underlying sentence.

Zachary Adam Jerry Lee Eagleton appeared for sentencing on the Category B Felony of Assault with a Deadly Weapon, which carries a potential penalty of 1-6 years in prison and a fine of up to $5,000. Eagleton pled guilty to the charge in February, in which the allegations stated that he used a rifle to place a person in immediate apprehension that he was going to be assaulted. 

CDDA Lane Mills told the court that Eagleton has a lengthy criminal history that began in 2017, and he has significant health issues. Mills said the defendant intended to scare the victims, and “you can see from the victim impact statements that he was successful; that these hunters were scared. Their spouses are scared when they go out now to hunt.” Mills said this is the kind of conduct responsible gun owners cannot engage in. “He has demonstrated he does not have the ability to possess one and be responsible.” The State asked the Court to fashion a sentence that gives justice to the victims. 

CCPD Wright Noel told the court that his client recognized that what he had done was very wrong. He saw people he thought were on his property and fired a shot across the valley. Fortunately, no one was hurt. Eagleton apologized for his actions, saying he honestly misjudged the situation. “I am here today to work with the courts, and I throw myself on the mercy of the courts,” said Eagleton.

Judge Estes ordered Eagleton to serve 60 days in jail, after which he will be placed on probation for 36 months on a suspended prison sentence of 28-72 months. He was remanded to the custody of the Churchill County Sheriff to begin his jail time. As a result of this felony conviction, Eagleton will lose his right to own or possess firearms.

Jeremy Wayne Southard appeared for sentencing on two charges: Count I) Gross Misdemeanor of Abuse, Neglect, or Endangerment of a Child Not Causing Substantial Mental or Bodily Harm; Count II) Misdemeanor of Battery that Constitutes Domestic Violence, to which he pled guilty in May. 

Deputy District Attorney Priscilla Baker explained the victim in the case took her older child to the doctor. When she returned home, her infant was home alone. Southard soon returned from going to the store to buy alcohol. According to Baker, he either knocked the mother out or she lost consciousness due to strangulation. Southard then left again, leaving the 4-year-old and the infant unattended while the mother was unconscious. Baker asked for Southard to be placed on probation on a 364-day suspended sentence on the child endangerment charge and for Southard to obtain a substance abuse evaluation. On the battery charge, Baker asked for the minimums for domestic violence, which include 48 hours of community service, a $200+ fine, and counseling at 1.5 hours a week for six months. 

CCPD Wright Noel pointed out that Southard’s psychological risk assessment deemed him at low risk of reoffending. Further, he didn’t minimize what he did and took responsibility, cooperated fully throughout this case, and is dedicated to his recovery from alcohol. Noel stated, “Mr. Southard has started on the path that every court wants to see.” 

The victim’s mother told the court that the beginning was rough; her family was torn apart. She said Southard immediately got into counseling and has done everything he was asked to do. She stated, “We are coming back together as a family,” and “I am very, very proud of him.” Southard said he is truly sorry about this whole situation, and he has been sober now for nine months. 

Judge Estes told Southard that he had heard hundreds of cases like this; “Usually I am often cynical … somehow, in this case, I am not quite so cynical; you sound sincere to me. So, for the sake of your fiancée and your child, I hope that you are sincere.” Fees and assessments were imposed. Southard received probation on suspended sentences of 364 days in jail on Count I and 180 days on Count II, with sentences to run concurrently.

Continuances and Failures to Appear 

Christopher Richard Clevenger failed to appear for a status hearing on a 2014 warrant renewal. Judge Estes renewed the warrant. 

Robert Henry Lisenbee was not present for sentencing on the Category D Felony of Failure to Stop on the Signal of a Peace Officer, to which he pled guilty in May. A bench warrant was granted. 

Timothy Eugene Tiboni was absent for a hearing regarding being removed from Drug Court. The case continued until July 23. 

Kevin Frank Russo was not present for sentencing. The case was continued until September 10.