Tenth Judicial District Court Tuesday, August 27 – Judge Thomas Stockard Presiding

Brianna Shiree Arsenault, in custody, entered an Alford Plea to the Gross Misdemeanor of Assault on an Officer, which carries a potential penalty of 364 days in the Churchill County Jail and a fine up to $2,000. In an Alford Plea, defendants maintain their innocence despite pleading guilty and accepting the penalties associated with the charge. 

Chief Deputy District Attorney Lane Mills told the court there was a crash, after which Arsenault became very combative with the officers. She bit one of the officers, hit a state trooper, escaped from custody, and incurred subsequent traffic offenses. Additionally, she was driving without insurance, license, or registration. Mills said there was a DUI aspect involving marijuana, but she was not charged. Mills asked for probation and a substance abuse evaluation.    

Churchill County Public Defender Jacob Sommer asked the court to grant probation, noting his client has been in custody since February. Sommer said, "She is an entirely different person…she is kind and polite … it almost is inconceivable that she had this kind of incident."   

Sommer said he believes she is the kind of person she is, stating, "Miss Arsenault is committed to never be in a situation where she treats anyone like this again." Arsenault told Judge Stockard tearfully, "I would like to apologize to the court, and I would especially like to apologize to the deputies… I wasn't in my right mind, and I'm sorry that I caused you any danger by biting you or hitting you. I hope you accept my apology."    

Arsenault received probation on a suspended sentence of 364 days in the Churchill County Jail. She must also obtain and follow the recommendations of a substance abuse evaluation. 

Elijah Blue Aughe, in custody, appeared for sentencing on Category D of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance, a Third or Subsequent Offense. Senior Deputy District Attorney Chelsea Sanford expressed disappointment that Aughe tested positive following graduation from the Western Regional Drug Court program and, therefore, would not be recommending a minimum sentence. Defense Attorney Steve Evenson, Esq., "I don't know that anybody other than maybe his family was more disappointed than I was," but he did ask for a minimum term. Aughe apologized for his relapse and stated he did learn a lot at drug court. Judge Stockard sentenced Aughe to 12-48 months in a Nevada State Prison and a $2,000 fine. For one year after release, he must have a breath interlock device installed on any vehicle he drives for one year. 

Austin Taylor Dyer, in custody, appeared for sentencing on Gross Misdemeanor of Conspiracy to Commit Burglary of a Motor Vehicle and Category E Felony of Burglary of a Motor Vehicle.  CDDA Lane Mills said Dyer is the third criminal defendant that the court has seen in this case, stating, "Mr. Dyer is what we consider the least culpable of the three individuals given his circumstances, which I know this court is well aware of." He explained that there was a victim in each of these cases, and "Mr. Dyer needs to know that he can't do this." Mills asked for restitution and a sentence to incentivize the defendant not to repeat this behavior.

Charles Woodman, Esq, defense counsel for Dyer, told the court his client is literally "about the toughest luck case I've had." Woodman said Dyer has some challenges and could benefit from having a guardian. He explained his defendant ended up hanging out with the wrong people. "It's difficult to even ascertain how much he appreciated… what he was getting into before he was into it," said Woodman, who asked Judge Stockard to "look very much toward the minimum side." He explained that he and Dyer had talked at length about him needing to have a job and pick good people to be around.

Dyer told the court he was trying to get into a halfway house. Stockard granted Dyer probation on a suspended sentence of 364 days in jail on the misdemeanor and ordered restitution of $12.95. On the felony, he received probation on a suspended 12–36-month sentence and must pay restitution of $3,241. Per the plea agreement, Dyer was also ordered to pay restitution of $6,000 on a Justice Court case. Stockard told the defendant, "Austin, I know there's a lot of uncertainties. Please use the resources that are available. A lot of people are pulling for your success. I don't want to see you back in criminal court." 

Jessop Reece Morrison was not present for sentencing on the Category E Felony of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance, a Third or Subsequent Offense. His attorney, Steve Evenson, Esq., told the court Morrison is in residence at Reno Gospel Mission substance abuse program and would like to remain and finish the program. A status hearing was scheduled for October 29.

Jason Ross Cain appeared for sentencing on the Gross Misdemeanor of Abuse, Neglect, or Endangerment of a Child Not Causing Substantial Bodily or Mental Harm. A Psychological Risk Assessment concluded that Cain is not at high risk of reoffending. Deputy District Attorney Priscilla Baker agreed to a diversion program.

Steve Evenson, also representing Cain, told the court his client "was a horrible drunk." He showed up to Justice Court with a blood alcohol level of .243 and was incarcerated. However, he has done remarkably well since he was released. Evenson reported Cain's counseling was going great; he's working with the Vitality substance abuse program and has already finished a course there. Evenson continued that Cain is a poster child for a Diversion Program, who further stated that he was "very encouraged about his [Cain's] future, and it is a future much brighter than where he was headed previously." Evenson asked the court to follow the recommendation of diversion.

Cain told the court, "I've just been doing what I have to do to be a better father." He said he is not drinking and is employed full-time. His next goal is to get a place and a vehicle.  

Judge Stockard granted Cain probation on a suspended sentence of 364 days in jail, ordered him to obtain and follow the recommendations of a substance abuse evaluation, and to complete the Western Regional Drug Court program.

Jose Carlos Trujillo did not appear for sentencing due to a family medical issue. He appeared on February 6 on charges of Possession of a Controlled Substance and Fraudulent Use of a Credit Card or a Debit Card. A status hearing was set for August 27 to assess Trujillo's progress in paying restitution as ordered, which the state and the defense agreed had paid. Judge Stockard continued the matter to September 3. 

James Lewis Greene Jr. appeared for sentencing on the Category D Felony Battery that Constitutes Domestic Violence. Charles Woodman, Esq, defense counsel for Green, told the court that literally in the 60 seconds before his client's appearance, he was told by Greene and a woman who is a good friend of both the defendant and the victim that Greene had nothing to do with her bruises – that it was the dog that caused them. Woodman asked for a continuance to allow him to do some "due diligence investigation." Judge Stockard continued the case to September 24.