Tenth Judicial District Court Tuesday, November 5 - Judge Thomas Stockard Presiding

Brian Nigel Pettway pleaded guilty to Category D of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance with a Prior Felony Conviction for DUI. The charge is punishable by 2-16 years in Nevada State Prison and a fine of $2,000-$5,000. Judge Stockard ordered a Pre-Sentencing Investigation (PSI) and set sentencing for January 7, 2025.

Tyler James McElvain appeared for sentencing on a Gross Misdemeanor charge of Conspiracy to Making Threats or Conveying False Information Concerning an Act of Terrorism, Weapons of Mass Destruction, Lethal Agents, or Toxins, which he pled guilty to in September.

During his September 13 hearing, the factual basis for McElvain's charge stated that during a phone call, he threatened to get a firearm and shoot someone. Upon Judge Stockard noting the court had the Pre-Sentencing Investigation in hand, Chief Deputy District Attorney Lane Mills stated, "I think the court actually has a pretty good picture of what happened here from the PSI," emphasizing that McElvain needs to know he cannot do that. 

Alternate Public Defender (APD) Wright Noel told the court, "I think Mr. McElvain said it well when he made his statement in the PSI that he was involved with someone who was going through a mental health crisis in a hospital." According to Noel, his client was also having struggles, coupled with intoxication; he made some statements he shouldn't have made. "They were made under the influence of alcohol," Noel said. Also, he reported that McElvain remains fully employed, and he has made some changes to ensure this never happens again. Noel asked the court for probation. 

McElvain addressed Judge Stockard, "I'm very sorry for all this. I was dealing with a lot. I just wasn't taking care of my… health." McElvain said he has been going to church regularly, checking in on himself, and not drinking because that puts him in a bad place. McElvain also said he has been working to return to normalcy and has a wonderful person who also attends the Southern Baptist Church. McElvain received probation on a suspended 364-day jail sentence. Judge Stockard ordered him to obtain a substance abuse evaluation and follow its recommendations. 

Michael Patrick Gauthier appeared for sentencing for Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance with a Prior Felony Conviction for DUI.

Churchill County Public Defender (CCPD) Jacob Sommer told the court that his client knows he must go to prison. Sommer said Gauthier "has been wonderful about communication with my office; cooperation in the process, taking responsibility for the things that he knows he needs to take responsibility for." Sommer said Gauthier wants the court to know he is not the drunk individual that he might be viewed as and that he is capable of much more than the situation he has found himself in. Gauthier wants to become sober and stable as he has been in the past. According to Sommer, his client will engage in new activities that will ensure his sobriety and surround himself with family members who will support that goal. "From henceforth, Mr. Gauthier declares that he is a sober individual," said Sommer, who asked for a minimum sentence. 

Gauthier addressed the court. "I'm an alcoholic," he said, explaining that he has been battling this disease since he was 15. "I know I'm going to prison, but it's probably good for me. I need a little time-out."   

Judge Stockard told Gauthier, "You say you have been dealing with this for 25 years; so, have we," noting that there have also been long periods of sobriety and productivity. Stockard fined Gauthier $2,000, sentenced him to 24-120 months in prison, and remanded him to the custody of the Churchill County Sheriff for imposition of the sentence. 

Jonathan Daniel Bartow, in custody, pleaded guilty to two Category E Felonies: Count I, Burglary of a Motor Vehicle, charged as a First Offense, and Count II, Possession of a Controlled Substance, a First or a Second Offense (methamphetamine). Each count is punishable by 1-4 years in prison and a fine of up to $5,000.

Senior Deputy District Attorney Chelsea Sanford began her argument by presenting the factual foundation of the case, stating that an elderly gentleman had passed away. While the estate was pending, numerous people were "picking at the bones" of the estate, stripping it of all valuable assets. "One of these individuals was found to be this defendant," said Sanford. Law Enforcement found several items, including a vehicle, from the estate at the defendant's sister's home, where he lived. She asked for maximum consecutive sentences.

APD Wright Noel noted that his client has spent much time incarcerated, which has given him time to think about his mistakes. Noel argued against the state's recommendation, stating he does not believe the maximums are appropriate in this case. "I think probation is appropriate, with a stiff sentence over his head," said Noel. "He understands if he messes up on probation, he will be spending a lot of time in prison." 

Bartow told the court, "If there's a way someone can help me get back on my disability, that would be beneficial for me." He indicated he has memory problems, cannot multitask, has difficulty with noise, and experiences severe anxiety when around a lot of people. "I was trusting the wrong people; that's my bad. But I had no intentions of hurting anybody." 

Judge Stockard sentenced Bartow to probation for 18 months on two 19–48-month terms, which will run consecutively for an aggregate total of 38-96 months, and he may have no contact with the estate. The sentences will also run consecutively to Bartow's case in Lyon County. 

Wishar Walters, in custody, pleaded guilty pursuant to Alford to the Gross Misdemeanor charge of Use of a System Providing Telephone Numbers to be Used in an Emergency When No Emergency Exists, which carries a potential penalty of 364 days in jail and a fine up to $2,000. An Alford plea permits defendants to maintain their innocence but requires them to accept the full ramifications and penalties of a guilty plea.

Chief Deputy DA Lane Mills asked Judge Stockard to honor the negotiated plea agreement. CCPD Jacob Sommer told the court, "We would join in that recommendation," stating, Ms. Walters is looking forward to regaining her freedom after this long process." 

Stockard inquired about the defendant's work history. Walter reported that she has not worked for the last 10 years. When asked if she is capable of working, Walters replied, "Yes. Yes. I would love an office job."  

Judge Stockard imposed statutory fees and assessments and sentenced Walters to 12 months of probation on a suspended 364-day sentence. He ordered her to obtain a substance abuse evaluation, follow all recommendations, and secure full-time employment within 30 days of her release or show Parole and Probation that she has tried.

Hayden Paul Sibley's sentencing hearing was continued until December 3.