Tuesday, October 1 - Judge Thomas Stockard Presiding

Colby James Lafrance, in custody, admitted to a Non-Technical Probation Violation in regards to being removed from drug court.  

Speaking for the state, Deputy District Attorney Chelsea Sanford asked the court to revoke probation and impose the underlying sentence. She stated Lafrance “Squandered the opportunity he was provided.” Sanford read a statement from Lafrance's Pre-Sentence Investigative Report regarding how drug use has destroyed his life, “I committed the offense because I was not in the right state of mind. I have surrendered my morals and integrity … I betrayed myself and everyone around me …” She explained Lafrance was granted the diversion and the Western Regional Drug Court; however, his performance there was “abysmal.”  

“At this since, point he cannot stay off drugs … drug court has run out of resources to throw at this defendant.” Sanford concluded her argument by saying that Lafrance being incarcerated will protect the community when he “loses himself to drugs” from committing further criminal activity.  

Churchill County Public Defender Jacob Sommer began his argument by saying there are mitigating factors, including Lafrance's substance abuse; his evaluator says he's a hard worker, patient, has good comprehension and is eager to learn.

“Mr. Lafrance stands in front of you having, I think the state used a good word, squandered an opportunity that this court gave him,” Sommer said. And his client regrets doing so. Sommer said the fact is that his client is addicted to methamphetamine, and that causes people to do things that are difficult and frustrating; he knows he messed up, he knows he could go to prison for up to 96 months, and although he failed to complete drug court he does want to beat this addiction; he is four months clean primarily due to his being in custody. Sommer asked that Lafrance’s diversion be rescinded, which is the loss of a major benefit, that he be reinstated on probation and serve 60-90 days in jail, and that a condition of his probation be that he enter and complete the Western Regional Drug Court. Sommers stated, “I think what this does, Your Honor, is it continues his period of sobriety, sends a message that he needs to get a hold of his problem.”

Lafrance told the court, “I do understand and realize that you gave me the best opportunity… and I did not follow through with what I said I was going to do.” He acknowledged that he let himself and the court down and accepts responsibility. He said, “I do realize and know that I do not deserve another chance.”  

Judge Stockard told Lafrance, “Sometimes we lose sight of why you're here. You're here because you committed crimes … you may or may not be a drug addict … but you're a thief. You're a two-time convicted felon, thief.” He said that the defendant did squander an opportunity when he got the “type of opportunity with that type of crime and didn't take advantage of it.” Stockard revoked the defendant’s probation and invoked the underlying sentence of an aggregate 38-96 months in the Nevada State Prison for the two Category D Felonies of Obtaining or Possessing a Credit Card or a Debit Card Without the Consent of the Owner and Fraudulent Use of a Credit Card or a Debit Card Without the Consent of the Owner. Lafrance was remanded to the custody of the Churchill County Sheriff for imposition of the sentence.

Maverick Woodward Richards, in custody, had his Status Hearing continued to October 8. Sommer addressed his client’s custodial status, explaining that Richard's grandmother was present in the courtroom. She is willing to have her grandson stay with her and has scheduled a psychiatrist appointment for him this Friday. Judge Stockard ordered the defendant to be released on the condition that he be placed on house arrest.

Torie Rae Turner, in custody, admitted to the Non-Technical Sentencing Violation of committing a new crime while on probation.

CCPD Wright Noel said his client is very ashamed of her conduct. She asks that the details be read as minimally as possible, her probation be revoked, and the underlying sentence be imposed.

Turner told the court she hopes to get the help she needs.

Judge Stockard revoked Turner's probation and imposed the underlying sentence for the Gross Misdemeanor of Abuse, Neglect, or Endangerment of a Child Not Causing Substantial Bodily or Mental Harm. Credit was given for time served. 

Katlie Elaine Sage pleaded guilty to the Category C Felony of Fraudulent Acts Concerning Gaming, which carries a potential penalty of 1-5 years in Nevada State Prison and a fine of not more than $10,000. A Pre-Sentence Investigative Report was ordered, and sentencing was set for December 3. 

Duane Edward Walsh appeared for sentencing on the Category E Felony of Possession of a Controlled Substance (methamphetamine), which he pled guilty to in July.

DDA Aaron Thomas said this is a possession of a controlled substance case. He said there was a 6.6 gross weight of methamphetamine, and the defendant had previously graduated from drug court. Thomas said in Walsh's statement, “It simply states, ‘I got pulled over. I had drugs in my pocket. I was depressed.’” Thomas said drug court is for individuals who have a non-violent criminal history and are likely to complete the program; however, this defendant has a criminal history of multiple violent offenses, including robbery and multiple batteries. The state submitted the sentencing to the court.

Sommer told the Court his client “is employed, he is trying to work on his substance abuse issues, and he recognizes that his addiction has created for him a great deal of problems.” Sommer said the actual weight of the substance was 2.8 ounces once the packaging was removed. He said that while the defendant's history is substantial, much is from decades ago. Sommers stated, “Mr. Walsh, I believe, is a good candidate for probation.” The defense said Walsh cooperated with law enforcement when he was arrested and was open to them regarding what was happening. They asked for the privilege of probation.

Walsh stated to the court, “My father died a few years ago; at that point, I had been clean of methamphetamine for over 12 years.” He said he is very upset with himself for falling into the habit. He has been sober for a few months now, is feeling much better about himself, and is getting back into constructive habits such as fishing and working. He said he does not think he could make daily appointments to drug court, but he could do probation. 

Fees and assessments were imposed. Walsh received a suspended sentence of 19-48 months and was placed on probation for 18 months. In addition to the standard conditions of probation, he is to obtain a substance abuse evaluation and follow its recommendations.

Joseph Robert Keller admitted to Technical Probation Violations regarding substance use and failure to maintain child support.

DDA Lane Mills told the court that Keller made payments until May, and he is now on withholding with his employer, so that payments will be automatic. Mills asked that the defendant serve 30 days on weekends or time off from his job “just to make sure that he gets the message that we’re always going to be here to nag him, and with teeth, to pay his child support.”  

CCPD Wright Noel said his client is now employed full-time and plans to make up the $500 he is behind. Noel stated, “I don’t think any jail time is necessary here, Judge. If the court does impose jail time, we would ask that the court allow him to keep his job.” 

Keller told the court, “I've worked really hard to get back to where I need to be.” He said he knows he missed a payment and will hopefully make it up by the end of this week. 

Judge Stockard reinstated Keller on probation and sentenced him to two days in the Churchill County Jail, which he suspended with the additional condition that the defendant make up the missed payment by next Tuesday.

Jordan Adam Cunnington appeared for a Status Hearing. CCPD Wright Noel informed the court that concerns with his client's outpatient counseling have been resolved; Cunnington has attended sessions at Lake's Crossing on the last four Fridays. The next Status Hearing was set for March 1, 2025; the defendant will continue to be supervised by Court Services.

Continuances:  

Carlos Alfredo Quevedo-Beltran's sentencing was continued to October 8.

Bryant Bennett Jayne's sentencing continued until October 8.