Teresa Moon
Zackary Shawn Michael Potteiger failed to appear for sentencing before Judge Thomas Stockard in the Tenth Judicial District Court in Fallon on October 15 on child sexual assault charges. On April 16, Potteiger pled not guilty to Category A Felony Sexual Assault of Child Under the Age of 14, which carries a potential penalty of life in prison with the possibility of parole after 35 years, registration as a sex offender, and lifetime supervision.
The March 18, 2024, Criminal Complaint alleged that in February and March of 2021, Potteiger had or forced sexual intercourse with an 11-year-old child. The state also charged Potteiger with Category D Felony of Coercion with the Use of Physical Force or the Immediate Threat of Physical Force, which is punishable by 1-6 years and a fine of up to $5,000, to which he also pled not guilty.
Count II alleges that "with the intent to compel another to do or abstain from doing an act that the other person has a right to do or obtain from doing, use physical force or the immediate threat of physical force to sue violence or inflict injury." Specifically, the complaint asserts that Potteiger threatened the victim by stating that if she told anyone about the sexual assault, he would kill her mother.
During the April hearing, Potteiger waived his right to a speedy trial and consented to a Criminal Settlement Conference, which was held on May 21, with Judge Scott Freeman presiding. During the hearing, the charges were amended to Gross Lewdness with a Child Under 14, a Category A Felony punishable by life in prison with the possibility of parole after 10 years, as well as mandatory sex offender supervision and registration requirements.
The amended complaint alleged that Potteiger committed lewd or lascivious acts other than acts constituting sexual assault.
Potteiger pled guilty pursuant to Alford—the landmark ruling of North Carolina v. Alford (1970), which allows a defendant to accept the guilty plea of a crime while maintaining innocence. Potteiger, therefore, accepted the full ramifications of a guilty verdict and the prescribed penalties without admitting to committing the crime.
Churchill County Public Defender Jacob Sommer told the court he had no explanation for his client's absence, noting they had been in contact throughout the case. He said the hearing was moved; however, Potteiger was notified of the hearing date on multiple occasions. Sommer also stated that he attempted to contact Potteiger before the hearing.
Court Services Director Brenda Ingram reported that the terms of Potteiger's release only required him to check in by phone and noted that he had not checked in that day.
According to Churchill County Sheriff's Office and District Court records, Potteiger was booked on May 15, 2023, and released on May 17 after posting $5,000 bail.
Deputy District Attorney Priscilla Baker informed the judge that the victim was in the courtroom and had flown in for the hearing. She asked the court to issue a bench warrant for Potteiger's arrest.
Judge Stockard ordered a $1,000,000 cash-only warrant.
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