Harvey Receives Probation

Joshua Jamar Harvey, in custody, admitted to the Non-Technical Sentencing Violation of being removed from Drug Court and other Technical Violations, including failing to appear for tests, tampering with tests, and missing appointments.

Speaking for the state, DDA Aaron Thomas recommended rescinding the diversion and invoking the underlying sentence. Thomas gave a “twofold reason" for the recommendation: the first being that Harvey has over 20 missed tests and four positive tests, the second being honesty in Drug Court, as the defendant has tampered with his tests multiple times, including providing cold urine and refusing a mouth swab. Thomas said being allowed to attend drug court is a privilege, and “These are not the actions of an individual who is taking advantage of the privilege of Drug Court.”

Churchill County Public Defender Jacob Sommer said Harvey has struggled and said, “I think in part, his feeling about it is that it's not so much his lack of desire, as he’s trying to juggle a lot of things” including a family to take care of, which includes a newborn. Sommer said many of his client's violations were that he was late rather than on time, and he does acknowledge that he needs to arrive on time for testing. The defense asked for probation on the Category E Felony of Possession of more than one ounce but less than 50 pounds of Marijuana, or more than 1/8 ounce but less than one pound of Concentrated Cannabis, and to allow Harvey another opportunity to show he is willing to comply with the terms outlined by the court.

Harvey stated, “I was kind of hurt because I missed the birth of my child, and that’s the only thing that really bothered me.” He acknowledged that was totally his own fault. He told the court it is challenging with three small children to be everywhere on time.

Fees and assessments were imposed; Judge Stockard rescinded diversion and sentenced Harvey to 19-48 months in prison, suspended, and Harvey was placed on probation for 12 months, with the condition that he serve 30 days in the Churchill County Jail due to how poorly he has performed so far; and that he secure full-time employment within 30 days of release. Stockard told the defendant, “You're able-bodied. There are a lot of jobs out there. You just need to find one. Make that a priority.”