District Court - August 6

Tuesday, August 6, with Judge Thomas Stockard Presiding

Donald James Knight appeared for an arraignment pleading not guilty to four charges: 1) Driving Under the Influence of an Intoxicating Liqueur or a Controlled Substance, a third or subsequent offense; 2) Battery by a Probationer, Parolee, or a Prisoner in Lawful Custody; 3) Resisting, Delaying, or Obstructing an Officer; and 4) Driving while license is Canceled, Revoked or Suspended. Upon Knight waiving his right to a speedy trial, Judge Stockard scheduled a trial for February 10-14, 2025.

Kyria Cooper Miears, in custody, pleaded guilty to the Category D Felony of Battery by a Probationer, Parolee, or a Prisoner in Lawful Custody, which carries a potential penalty of 1-6 years in a Nevada State Prison. Judge Stockard set sentencing for October 8 and ordered a Pre-Sentencing Investigation. Miears was released on her own recognizance and ordered to have no contact with the alleged victim.

Wesley Plexico, in custody, pleaded guilty to the Category D Felony of Battery with the Intent to Commit Robbery, which is punishable by 1-5 years in prison and a fine up to $10,000. Judge Stockard set sentencing for October 8 and ordered a Pre-Sentencing Investigation. 

Preston Robert Hill pleaded guilty to the Category E Felony of Possession of a Controlled Substance (methamphetamine) – a first or second offense which is punishable by 1-4 years and a fine up to $5,000. Deputy District Attorney Aaron Thomas told the court that Hill tested positive for THC before appearing. Alternate Churchill County Public Defender Wright Noel said his client is adamant that he did not use and believes the positive is due to someone else smoking marijuana in his trailer. Noel stated he had no concerns regarding his client being impaired. Noel requested probation for Hill. Judge Stockard told Hill, "I'm going to put this as delicately as possible. I have serious, seriously serious doubts about your being exposed to marijuana by smelling it in your house and immediately leaving… You describe yourself as a long-term alcoholic; there are other afflictions … that affect our ability to be truthful not only to the court but to ourselves." Hill replied, "I do have a reputation of being an honest person, and I can't believe I tested positive." Stockard granted Hill probation on a suspended sentence of 12-32 months. In addition to the standard conditions of probation, he must obtain a substance abuse evaluation and follow the recommendations noted.

Kayden John Kelly, in custody, was found competent to proceed to trial. Kelly was charged with attempted murder in May and sent to Lake's Crossing for a competency evaluation. The case was remanded back to Justice Court, where it originated to be heard by Judge Ben Trotter and will likely be waived back to District Court.

Brittany Nicol Sanchez appeared for sentencing on the Gross Misdemeanor charge of Possession of a Dangerous Drug Without a Prescription, to which she pled guilty on June 25. DDA Thomas told the court that Sanchez had been provisionally placed in the Western Regional Drug Court Program. Since that time, she has had eight missed tests, two group sessions, two individual sessions, and three missed treatment-related appointments. Thomas stated, "I don't think it would be an understatement to say the defendant's heart was not in this program."

Justin Oakes, Esq., defense counsel for Sanchez, agreed his client's performance in the Western Regional Drug Court program was a failure at best.  He requested probation with the added condition that Sanchez complete the program but not as a diversion option, with the conviction to stay on her record. Sanchez apologized and told the court, stating she had conflicts with work and had tried her best.

Judge Stockard told Sanchez that probation is a privilege, and she cannot do it on her terms; if she can't, there are other options. Also, he said that she shouldn't agree to things that she can't do, stating, "If you just want to do it halfway because you do what you want to do, then you are not a probation candidate." Stockard granted Sanchez probation on a suspended sentence of 364 days in jail. She was officially placed in Drug Court and must obtain a substance abuse evaluation and follow the recommendations thereof. Judge Stockard cautioned Sanchez that it is time to stop making excuses. 

Christopher Allan Montooth appeared for sentencing on the charge of Driving Under the Influence of an Intoxicating Liqueur or a Controlled Substance with a Prior Felony DUI Conviction. Steve Evenson, Esq., defense counsel for Montooth, asked that his client receive the legal minimum sentence according to plea negotiations. Judge Stockard sentenced Montooth to 24-72 months in prison. He was remanded to the Churchill County Sheriff's custody for sentence imposition.

Elijah Blue Aughe appeared for sentencing on the charge of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance with a Prior Felony Conviction for DUI. A criminal settlement conference was held, resulting in a plea change. Senior Deputy DA Chelsea Sanford told the court that Aughe was before the court and was positive for methamphetamine. Judge Stockard charged the defendant with Direct Contempt for appearing while under the influence of methamphetamine and sentenced him to 21 days in jail. Stockard continued sentencing on the DUI to August 27 and remanded to Aughe to the custody of the Churchill County Sheriff.

Hailey Leann Southard, in custody, admitted to a Non-technical Sentencing Violation.  Deputy DA Priscilla Baker asked for revocation, stating that Southard was on probation for less than six months when she violated with the use of substances and child endangerment. Baker asked the court to hold Southard accountable. Southard's supervising Probation Officer told the court she reported when told to and kept in contact. However, when an officer conducted a home visit, there were several violations, including alcohol and controlled substances in the house, deplorable home conditions, and two people she was ordered not to associate with were present. The PO concluded that Southard appeared to not care much about being on probation.   

PD Wright Noel said that while his client should have done better, there were complications with her probation. He explained that Southard qualifies for specialty programs based on her evaluation, which would give her more support and allow the court to extend her probation for a year to complete the program. Noel said, "I think the resources would be well used on Ms. Southard," and asked for probation to be reinstated. Southard told the court that her home situation was not great and that Reno was not a good place for her. She said she does not have a problem with probation but does have a problem with marijuana. Further, she has been in domestic violence situations and would like to stay with her grandmother in Fallon. "I don't want to keep messing up. I'm not a troublemaker." She was in a bad situation, explained Southard, telling Judge Stockard that if she put herself in a better situation, "I'll do better." DDA Baker told the court that if the defendant said she could live with her grandmother, she should have done so earlier. "She chose to live where she did and chose to commit several violations," Baker countered, stating this shows the court that Southard may not succeed in Drug Court.

Judge Stockard reinstated Southard's probation and placed her in Drug Court, at which time she would be released from custody. All good time credit was forfeited, and Stockard reminded her she would have no further contact with the two men in her home during the visit.
 

Continuances and warrants: 
Ein Joseph Newton - Sentencing Violation Hearing continued to August 13. 
Sonnie Anzaldua - Arraignment continued until August 13. 
Shawn Bradley Brown - Failed to appear for sentencing. A $10,000 cash-only warrant was issued.