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Saturday, December 21, 2024 at 6:45 PM
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District Court December 10

The Tenth Judicial District Court convened Tuesday, Dec. 10, with Judge Thomas Stockard presiding.

Hayden Paul Sibley appeared for sentencing on the Category E Felony of Possession of Marijuana, to which he pleaded guilty in October.

Senior Deputy District Attorney Chelsea Sanford told Judge Stockard that there was a guilty plea agreement in place; however, the defendant violated the specified terms. Sanford said that despite this, the state still believes diversion is appropriate. According to Sanford, Sibley appears to be sabotaging himself, but the state is hopeful Drug Court will help get him on track. Sanford reported that his substance abuse evaluation recommends outpatient treatment; however, if he cannot maintain sobriety, inpatient treatment would be appropriate. She concluded by stating that Sibley needs to decide what path he is going to take: to remain a victim of drugs or go to college and have a good life.

Churchill County Public Defender (CCPD) Jacob Sommer, who agreed with Sanford’s recommendation, said his client recognizes he needs to get his life on track and knows he must take measures to address the issue. Sibley told the court that he had messed up the opportunity he was given, stating, “I need to find ways to maintain my sobriety,” and agreed Drug Court would be helpful.

Judge Stockard suspended proceedings and placed Sibley on probation for 12 months with the conditions that he complete Drug Court and follow the recommendations of his substance abuse evaluation. Judge Stockard cautioned Sibley, “If you are unsuccessful… there is the very real possibility that the court will put you into prison… Don't squander this opportunity.”

Shane Michael Namuth, in custody, appeared for sentencing on the Category E Felony of Possession of a Controlled Substance (methamphetamine), to which he pleaded guilty in September. CCPD Sommer said his client knows he made a mistake and asked for probation, with no provision for Drug Court. Namuth told Judge Stockard he would like to eventually have his probation transferred to Virginia. Stockard sentenced Namuth to probation on a suspended 12- to 36-month sentence and ordered him to obtain and follow the recommendations of a substance abuse evaluation.

Crystal Lynn Moore, in custody, admitted to the Non-Technical Sentencing Violation regarding Drug Court, among other violations.

Deputy District Attorney Aaron Thomas asked for Moore’s probation to be revoked and her underlying sentence imposed. Moore received probation on suspended sentences in August 2023—19 to 48 months and Drug Court for possession of methamphetamine, and 20 to 72 months for being an ex-felon in possession of a firearm. At that time, Judge Stockard told Moore, “The court’s tolerance for future behavior like that, it’s not zero, but it’s as close to zero as you can get. Be crystal clear on that.”

“This defendant has had a tumultuous history with Court Services and the Drug Court Program,” Thomas said, listing several violations, including testing positive for meth with a diluted sample, which she admitted tampering with. “The system doesn't work if the defendant will pick and choose when they want to report their violations, and actively hide the fact that they are testing positive.”

Churchill County Alternate Public Defender Wright Noel told the court there was no question that Ms. Moore wasted an opportunity. He asked the court to allow Moore to attend Vitality for substance abuse treatment. If the court determines she must go to prison, Noel asked Judge Stockard to modify the underlying sentences and allow them to run concurrently, as opposed to consecutively.

Moore apologized to the court, stating, “The truth is… I still suffer from my addiction… I don't want to be powerless to my addiction anymore.” Moore reported she does have a bed date at Vitality. “I do not want to use anymore, and with God all things are possible… I am asking today, please don't send me to prison.”

Judge Stockard told Moore, “One of the most pernicious things within recovery… is people who are dishonest, and cheat, which is what you did.” Stockard revoked Moore’s probation but agreed to modify her sentence to run concurrently and remanded her to the custody of the Churchill County Sheriff for imposition of the sentence.

Travis Wade Souza, in custody, admitted to a Non-Technical Sentencing Violation regarding Drug Court. DDA Aaron Thomas told the court the defendant completed 120 days of Drug Court, then “simply decided enough was enough and did not attend Drug Court further.” He asked that probation be revoked and Souza’s underlying sentence imposed. In February, Souza received probation for Possession of a Controlled Substance and was placed in Drug Court.

CCPD Sommer said his client recognizes he could have done better and would really like to have another chance at probation. “He does not want to spend time in prison,” Sommer said, adding that he believes Souza wants to show the court he can comply. Sommer stated Souza is adamant he does not feel Drug Court is in his interest.

Judge Stockard revoked the defendant's probation and imposed the underlying sentence. Souza was remanded to the custody of the Churchill County Sheriff for imposition of the sentence, which carries a term of one to four years in prison.

CONTINUANCES AND WARRANTS

  • Lester Leigh Johnson: Sentencing continued to Jan. 14, 2025, with the condition that he have an ankle monitor by close of business. Johnson pleaded guilty to felony DUI, a third or subsequent offense.
  • Sara Michelle Jones: Sentencing Violation Hearing continued to Jan. 21, 2025. Jones absconded from supervision in June and tested positive for methamphetamine, methadone, and fentanyl in July.
  • Henry Lee Andrews, in custody: Sentencing Violation Hearing continued to Dec. 17. In October, he pleaded guilty to failing to maintain mandated sex offender registration.
  • Ralph Kenneth Provident: Failed to appear for a Status Hearing. A $25,000 bondable bench warrant was issued.

 

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