District Court July 23

The Tenth Judicial District Court convened Tuesday, July 23, with Judge Thomas Stockard presiding.   

Angelica Leticia Rickards appeared for sentencing on the Category B Felony of Attempt to Commit Robbery, to which she pled guilty per Alford on May 14. The plea, per Alford (North Carolina v. Alford (1970), is one where the defendant accepts the full ramifications of a guilty verdict and the prescribed penalties without admitting to committing the crime. DDA Priscilla Baker asked the court to sentence Rickards to 48-120 months and order her participation in Specialty Court. Churchill County Alternate Public Defender Wright Noel said this is a joint sentencing recommendation, and he has noticed a change in his client’s behavior. Rickards told Judge Stockard that she liked the program, was doing well, and was improving. She received 36 months of probation on a suspended sentence to 48-120 months in prison and must complete Specialty Court. “I am pleased to hear how well you’re doing. Keep it up,” said Judge Stockard.

Alisha Gonzalez Ezly, in custody, appeared to enter a change of plea. Ezly previously pleaded not guilty to Grand Larceny of a Motor Vehicle and Unlawful Removal, Defacement Alteration, or Obliteration of the Identification Number of a Motor Vehicle. According to Criminal Settlement Conference negotiations, Ezly pleaded guilty to a single amended charge of Grand Larceny of a Motor Vehicle, a Category C Felony punishable by 1-5 years in prison and a fine of up to $10,000. Per negotiations, the second charge was dropped. Judge Stockard ordered a pre-sentencing investigation and set sentencing for September 24.   

Joseph Terrell Libbee, in custody, appeared to enter a change of plea. Libbee initially pleaded not guilty to two Category D Felonies, Battery with a Deadly Weapon and Assault with a Deadly Weapon, both punishable by 1-6 years in prison. Under Criminal Settlement Conference negotiations, Libbee pleaded guilty to Assault with a Deadly Weapon and Failure to Stop on the Signal of a Peace Officer, a D Felony, punishable by 1-6 years. The factual basis stated that Libbee threatened another with a deadly weapon and failed to stop his vehicle after being given the signal to do so. Judge Stockard ordered a Pre-Sentencing Investigation. Sentencing was set for October 8.   

Karena Dawn Stark admitted to a Non-Technical Sentencing Violation for failing to comply with the conditions of her probation related to a misdemeanor sex offense for which Stark received probation and a suspended sentence of 364 days in jail. Deputy District Attorney Priscilla Baker asked for probation revocation, citing Stark’s “blatant lack of respect” for the Western Regional Specialty Court program. Baker said program staff kept giving her chances, but she did nothing. “They had no choice but to remove her,” said Baker. Churchill County Public Defender Jacob Sommer told the court Stark is currently registered as required, does not use drugs or alcohol, and is trying to figure out life. He stated that he was not trying to excuse her behavior and that consequences must be imposed when someone is on probation and does not fulfill their obligations. Stockard revoked Stark’s probation for 30 days. 

Timothy Eugene Tiboni appeared after being removed from Drug Court. Judge Stockard said he had a letter outlining the reasons for Tiboni’s removal, which explained it was not through any fault of his own. Stockard modified the conditions of Tiboni’s probation for the Gross Misdemeanor charge of Violating a Domestic Protection Order and removed the condition that he complete the drug court program. Stockard also added the condition that Tiboni follows the recommendations of his drug and alcohol evaluation.  

Rosselder James Badger, in custody, pleaded guilty, pursuant to Alford, to the Category D Felony of Ex-Felon Not to Possess a Firearm, punishable by 1-6 years in prison and a fine of up to $5,000. The prosecution maintains that on July 2, Badger had a firearm concealed under a mattress in a stolen vehicle and had been previously convicted of one or more felonies. Judge Stockard ordered a Pre-Sentencing Investigation and set sentencing for September 24.   

Tyler Kirby Shaw, in custody, pleaded guilty to I) Category C Felony of Possession of a Stolen Motor Vehicle, punishable by1-5 years in prison and a fine of up to 10,000; and II) Category D Felony of Failure to Stop on the Signal of a Peace Officer, punishable by1-6 years and a fine of up to $5,000. According to the District Attorney’s Office, the state could prove that on May 20, Shaw was in possession of a stolen motorcycle and did commit felony alluding. Shaw’s plea was made per Alford, in which he accepted the full ramifications of a guilty verdict and the prescribed penalties without admitting to committing the crime (North Carolina v. Alford (1970). Sentencing was set for August 13.

Roland Isaac Zamora appeared for sentencing on the charge of Attempt to Commit Burglary of a Business, to which he pled guilty on April 16 when he attempted to steal a case of beer. Zamora received two years of probation on a suspended sentence of 19-48 months in prison. He must obtain a substance abuse evaluation, follow its recommendations, and pay restitution of $17.21 within 60 days.