Tenth Judicial District Court Tuesday, September 10 - Judge Thomas Stockard Presiding

Craig Thomas Smith pleaded guilty to the Category D Felony of Driving Under the Influence (DUI) of an Intoxicating Liquor or a Controlled or Prohibited Substance with a Prior Felony Conviction for DUI, which is punishable by 2-15 years in a Nevada State Prison and a fine of $2,000-$5,000. This charge carries a mandatory prison term. Smith had a blood-alcohol level (BAL) of .165, over twice the legal limit of .08.  Judge Stockard ordered a Pre-Sentence Investigation (PSI) and set sentencing for November 12. 

Lester Leigh Johnson pleaded guilty to Category D Felony DUI, a third or a subsequent offense with a potential penalty of 1-6 years and a fine of $2,000-$5,000. This charge carries a mandatory prison term unless Johnson qualifies for and is allowed to attend the three-year DUI Diversion program. Johnson had a blood-alcohol level of .169.  Judge Stockard ordered a PSI and set sentencing for November 12. 

Hubert Craig Allen, in custody, admitted to the Non-Technical Sentencing Violation of Absconding. Deputy District Attorney Aaron Thomas asked that probation be revoked and Allen's underlying sentence imposed. "Being placed on probation is a privilege; in this case, the defendant had been absconding for 85 days at the time he was brought back into custody," said Thomas. Additionally, a Domestic Battery relates to this Possession case, which presents a concern for community safety. Thomas recommended imposing Allen's underlying sentence of 12-32 months. 

CCPD Wright Noel said when he first met Allen, he was homeless, living in the desert, rode his bike into town for testing and court, and took advantage of all the Social Services programs provided. Eventually, Allen obtained employment, secured housing, and did well on probation. "Mr. Allen has some challenges in his life. But the special thing about Mr. Allen is he has worked exceptionally hard to comply with things that he's been asked to do. While on probation, he messed up a little, and he didn't check in," said Noel, who reported that Allen had lost his housing and jobs since being taken into custody. He plans to work with Social Services and regain employment and housing. Noel asked for probation reinstatement.  

Allen told the Judge, "I just want to do the right thing." He explained he had an urn with his children's ashes that went missing from his home; when his friends found it, it was smashed to pieces, and the ashes gone. "That is what was my get-through day to day." Allen is hopeful that both Walmart and Safeway will hold spots for him. 

Judge Stockard reinstated Allen on probation under all his previous conditions, with credit given for time served.

Sara Michelle Jones appeared for a disposition on a Non-Technical Sentencing Violation of Absconding, to which she admitted in June. Court Services Director Brenda Ingram told the court that Jones tested positive for amphetamine and methadone on July 23, 2024. "More notably to her was the positive result for fentanyl" and for metabolized fentanyl, said Ingram.  

Deputy District Attorney Priscilla Baker asked for revocation of Jones's probation, citing Jones's underlying offense from 2021 in which she entered someone's home to clean and took a credit card and checkbook. Baker said Jones received a suspended sentence; however, five days into her probation, she tested positive test for drugs. "Since then, she has had 30 positive tests and 15 missed tests." Jones was "given chance after chance," attending two residential treatment programs. "A year later, after being given all those chances… she absconded," said Baker, who asked that Jones be held responsible for her actions and that the court impose her underlying sentences of two 19-48 month prison terms.

Churchill County Alternate Public Defender Wright Noel asked for Jones's probation to be reinstated, telling the court, "While Ms. Baker is correct that Ms. Jones performance with Parole & Probation has been severely lacking, it's not that there hasn't been any progress." 

Noel read a letter from Margaret Dickson, who runs a medication-assisted treatment program in Washoe County. Dickson wrote that it is vital that the court knows how much Jones has done in her recovery work. "Sending her to prison would be detrimental to her progress, her pregnancy, her daughter, and her family unit."  

Noel agreed, concluding that even though his client knows she did not check in as she should have, good things are going on in her life; she started her own business and is working hard to ensure her family stays together. 

Jones told Judge Stockard, "I do not use fentanyl," explaining her lock box containing her methadone was stolen, so she went to the ER, where they were only able to treat the withdrawal symptoms, not to give her methadone. "In fear of not knowing what to do, feeling like I didn't have any options, and scared that I could lose the baby, I did take fentanyl. It was a one-time thing." Jones said she did not do what she could have on probation, but to say she did nothing is inaccurate. Jones asked to prove herself on probation.

Judge Stockard, after serious consideration, reinstated Jones's probation and is allowing her to continue methadone treatment. He directed P&P to immediately violate Jones if there is any use of fentanyl.

Kevin Franklin Russo appeared for sentencing on three changes. I) Category D Felony of Obtaining Money, Rent, or Labor by False Pretenses; II) Category C Felony of Willful or Intentional Failure to Return a Leased or Rented Vehicle to the Owner; and III) Attempt to Commit Grand Larceny of a Motor Vehicle. The first two charges are felonies, with the third being a "wobbler," which the judge can sentence as a Gross Misdemeanor or a felony.

Churchill County Public Defender Jacob Sommer, representing Russo on the felony charges, stated that his client has had time to reflect and work on self-improvement. Russo is employed, has taken responsibility for his actions, and has been diligent in managing his affairs. Sommer presented a letter from Russo's employer, highlighting him as an exceptional employee who has advanced quickly. "This is the kind of behavior for a person who has begun to make a permanent reformation of his prior problems and habits," Sommer said, noting Russo's recovery from substance abuse. Russo is clean, attending Drug Court, has completed the New Frontier Inpatient Treatment Program, and is now in Battle Born Counseling. He is also paying his restitution. "Frankly, he has changed," Sommer added, requesting probation with concurrent sentences, believing it would offer a message of accountability and the opportunity for continued progress.

CCPD Wright Noel, representing Russo in the grand larceny case, argued that his client had taken responsibility for his actions, made significant changes, and worked to make amends. "Mr. Russo has demonstrated he is an excellent candidate for probation," Noel said, requesting probation and for Russo's sentence to run concurrently with Mr. Sommer's cases. Russo apologized to the victims and expressed gratitude to Judge Stockard for the opportunities given to him, stating that probation has been challenging but has opened his eyes.

Senior Deputy District Attorney Chelsea Sanford informed the court that $3,715 in restitution had been paid. She stated, detailing his offenses, "In the Fall of 2023 it could be characterized that this defendant went through a crime spree."  Russo, known for being convincing and meticulous, gained the trust of many people despite struggling with addiction, according to Sanford. In one case, he posed as a business partner at Valley Rental and took $2,000 from a victim for a tool he never delivered. Russo also rented a bobcat excavator, kept it, and tried to sell it in Reno. In a third instance, he borrowed a trailer with hay and never returned it. When the trailer was found, the hay was gone.

Additionally, Sanford said that Russo has prior convictions for two other felonies. "When he is using drugs, he is competent enough to gain the trust of individuals and then exploit it." Sanford did not oppose probation but asked for maximum terms to ensure his recovery is sound and permanent. 

Russo received probation on consecutive sentences of 19-48 months for obtaining money under false pretenses and 24-60 for failure to return the vehicle. Judge Stockard sentenced the attempted grand larceny as a felony, with Russo receiving probation on a suspended 19-48 month term. He must enter and complete the drug court and may have no contact with the victims.

Continuances:

Duane Edward Walsh's sentencing continued until October 1.