District Court October 15

The Tenth Judicial District Court convened Tuesday, October 15, with Judge Thomas Stockard presiding.

Ein Joseph Newton, in custody, appeared for sentencing on the Category C Felony of Burglary of a Business to which he pled guilty in August and for a Non-Technical Sentencing Violation on the Category E Felony of Possession of a Controlled Substance (methamphetamine), for which Newton received probation in January. Churchill County Alternate Public Defender Wright Noel asked the court to reinstate Newton's probation and to allow him to return to Colorado, where he has family. Noel said his client has been in custody for quite some time, and he has had time to think. Newton told Judge Stockard that his mom has pancreatic cancer, and he would like to spend her last Christmas with her and his daughter—moreover, he wants to change his life.
Judge Stockard said he considered probation but decided not to grant Newton that privilege, sentencing him to 12-32 months in prison. Stockard also revoked his probation on his possession case and imposed the underlying sentence of 14-36 months. The terms will run concurrently. Stockard ordered returned to the custody of the Churchill County Sheriff's Office for the imposition of the sentence.

Nicole Eileen Skillings, in custody, appeared for sentencing on the Category C Felony of Possession of a Stolen Motor Vehicle, to which she pled guilty (per Alford) in August. An Alford Plea allows defendants to maintain innocence while entering a guilty plea and accepting all penalties associated with the charge. Senior Deputy District Attorney Chelsea Sanford told the court that the value of the stolen van was $11,000, and insurance reimbursed the victim $10,000; thus, the state was asking for restitution of $1,000.
Churchill County Public Defender Jacob Sommer told the court his client had a really rough go of life—which does not obviate her from her responsibility to act in accordance with the law. Sommer explained that Skillings grew up in foster care, has not had support, was in an abusive and dangerous relationship, and has substance abuse issues. "I am probably one of the first in line of 'we should take personal responsibility for our actions' but there are some circumstances that we cannot control," said Sommer. "It doesn't excuse it; it simply provides context." He further stated that Skillings would like an opportunity to show the court that she does what she says she wants to do asking Judge Stockard to consider probation and allow her to complete an inpatient substance abuse program. 

Judge Stockard declined probation, sentencing Skillings to the same term her co-defendant in the case received—12-36 months in prison—and ordered restitution of $1,000. She was returned to the custody of the Sheriff for the imposition of the sentence.

Amber Lynn Krenzavier, in custody, admitted to two Technical Sentencing Violations after receiving probation on a suspended sentence of 364 days in jail for a Gross Misdemeanor charge of Throwing a Substance at or Willfully Damaging a Bicycle or Motor Vehicle with $250 to $5,000 Damage. According to the criminal complaint, Krenzavier threw a baseball bat at an ex-partner, also violating the terms of an existing restraining order.
Chief Deputy District Attorney Lane Mills told the court, "They [the victims] just want to be left alone. It's a simple request, one that Ms. Krenzavier is simply unable to abide by," also noting her drug use. "She continues to do whatever it is she wants to do." Mills asked Judge Stockard to revoke probation and order maximum jail time for each violation.

According to CCPD Sommer, Krenzavier believed at the time that it was okay to make the phone call that precipitated the violation because it was recorded. "Ms. Krenzavier, in her clarity at this time, is ashamed of the behavior that she's exhibited," said Sommer, who also stated that she applied for residential treatment at New Frontier. "She knows that she made a mistake and that this court is going to send a message to her."
Krenzavier told Judge Stockard, "My conduct has shown that I haven't taken advantage of the opportunity you have given me of being on probation." She explained that she relapsed and wanted to go to rehab.

Judge Stockard told the defendant, "I don't buy for one second that you thought that it would be 'okay to call' on a recorded line." The judge revoked her probation for 30 days, granting credit for 32 days for time served. Krenzavier was then reinstated on probation with additional conditions of no contact with the victims under any circumstances. She must obtain a substance abuse evaluation within 30 days and follow the recommendations therein.

Carl Wayne Sampson, in custody, admitted to an alleged Non-Technical Probation Violation of committing Battery. Deputy District Attorney Aaron Thomas asked the court to revoke Sampson's probation, stating, "Probation is a privilege that individuals have. It seems that individuals who are going around and committing battery while on probation shouldn't be on probation."

Churchill County Alternate Public Defender Wright Noel explained there were extenuating circumstances, and his client did not handle them very well, but he is taking responsibility. Noel added that Sampson found it more difficult to be on probation than he thought it would be but asked for his client's probation to be reinstated.

Judge Stockard granted Noel's request, with the additional condition that Sampson obtain a substance abuse evaluation within 30 days and follow the recommendations therein.

Maverick Woodward Richards appeared for a Status Hearing. According to Senior Deputy District Attorney Chelsea Sanford, the state requested the hearing to address Richards' custodial arrangements. He was supposed to be staying with his grandmother. However, the Division of Parole and Probation reported otherwise. "It came to the state's attention that A, he cannot afford the electronic monitoring, and B, I do not believe he actually has a residence," said Sanford. Sally Wilcox with P&P confirmed Richards does not have a stable residence, stating he has been moving from hotel to hotel, or staying in his grandmother's car.
Judge Stockard, stating he was unaware of these facts, removed the condition of house arrest from Richards's probation and added the requirement that he check in daily with P&P and comply with all the conditions of his release. The court set a review hearing for November 19.

Hayden Paul Sibley pleaded guilty to the Category E Felony of Possession of Marijuana. The amount exceeded the legal possession limit, with 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. The court scheduled a status hearing for November 5 to allow Sibley to obtain a substance abuse evaluation.