District Court December 31, 2024

The Tenth Judicial District Court in Fallon convened Tuesday, December 31, with Judge Jim Shirley presiding.

Matthew P. Beyer appeared for sentencing on the Category D Felony of Third-Degree Arson, to which he pleaded guilty in October per Alford. An Alford Plea allows defendants to accept the full ramifications of a guilty plea without admitting guilt.

Churchill County Alternate Public Defender (APD) Wright Noel told the court his client has been a longtime resident of Fallon and has had no criminal issues. He explained that Beyer has some problems that require intervention and would benefit from the Western Regional Specialty Court Program. "I think he is someone that this program was set up to help," said Noel, who asked for Diversion and the court to allow him to continue his progress.

Deputy District Attorney (DDA) Priscilla had no objection and requested restitution of $169 for Banner Churchill Community Hospital and $220 to Churchill County for damage to the jail. Judge Shirley deferred the matter and placed Beyer in Specialty Court.

Chad Levi Downs, in custody, pleaded guilty to the Category E Felony of Possession of a Controlled Substance (methamphetamine), punishable by 1-4 years in a Nevada State Prison and a fine up to $5,000, and to the Gross Misdemeanor of Intimidating a Public Officer without Threat or Force, punishable by up to 364 days in jail and a fine up to $2,000. Judge Shirley ordered a Pre-Sentencing Investigation (PSI) and set sentencing for March 4.

Richard Edward Wayne Harrison, in custody, appeared for sentencing on the Category D Felony of Reckless Driving Causing Death or Substantial Bodily Harm, to which he pleaded guilty in October.

Senior Deputy District Attorney (SDDA) Chelsea Sanford presented five exhibits: four photographs and a receipt for extradition. Sanford asked the court to sentence Harrison to 24 to 72 months, with "no probation, no more leniency, or chances." Sanford argued, "The law does not require an individual to be a good person, or even a decent human being in most circumstances." However, when someone is involved in a car accident, even if they feel they are not at fault, they have a duty to stop and call law enforcement to render aid. "This defendant chose to leave the scene; he left this young man who looked up to him as an uncle," Sanford said, noting that another motorist with no connection to the victim stopped and called for aid.

According to Sanford, Harrison has 27 prior convictions. "He flees, he does not comply, he does not show up," she said. Further, Harrison was extradited from Oregon at a cost of $3,725 and has no driver's license or insurance. This is his fourth documented accident. The victim in the case was care-flighted to UCC, and permanent injuries forever changed his life, said Sanford.

Churchill County Public Defender (CCPD) Jacob Sommer stated his client feels "absolutely terrible" for not stopping and calling at the time of the accident. "These two young men were riding motorcycles faster than they should have been… and it resulted in an accident, Sommer said. "Mr. Harrison recognizes that his conduct constituted a breach of the law, and he recognizes that those consequences are ones that are heavy indeed."

Harrison addressed the court, stating, "I would never want anything to happen to [the victim]… I was in the wrong for leaving, and I know that… Then I panicked… I also stopped and told [the victim], 'Hey, I'm going to go call your mom.' And I went to the library and called her… I do feel remorse for the situation… I wanted to let her know from my mouth versus an officer showing up or someone else showing up and telling her."

Judge Shirley told Harrison, "Mr. Harrison, your criminal history works against you," and sentenced him to 20 months to five years in prison. Shirley ordered restitution to be paid upon his release and remanded Harrison to the custody of the Churchill County Sheriff for imposition of the sentence.

Jacob William Kolwyck, in custody, admitted to a Non-Technical Sentencing Violation regarding Parole and Probation’s controlled substance prohibition and out-of-state travel conditions.

SDDA Chelsea Sanford requested revocation, stating Kolwyck had not conducted himself in a manner to earn reinstatement.

CCPD Jacob Sommer told the court that addiction is "not a light switch we can flip on and off at will," adding that his client is ashamed of his actions and understands the seriousness of his violations. Sommer acknowledged that reinstatement was unlikely and requested a dishonorable discharge, a extended probation period with additional custody time, or reinstatement with a modified sentence of 12 to 36 months.

Kolwyck addressed Judge Shirley, saying, "Whatever happens today, this is the first time I've been clean off any opiate in a long time. So, if I go to prison or if I get reinstated, I'm just thankful…"

Judge Shirley revoked Kolwyck's probation and modified the sentence to 12 to 36 months, telling him, "I'm sorry because it sounds like you did make some changes; they just didn't take; you still have the problem." Shirley suggested Kolwyck seek counseling while in prison and continue upon release. He remanded Kolwyck to the sheriff's custody for imposition of the sentence.

Carl Wayne Sampson, in custody, appeared for a Sentencing Violation Hearing regarding the conditions of his probation, including failure to report to Parole and Probation, residence reporting, employment, fines, and substance abuse evaluation requirements. Judge Shirley ordered Sampson to obtain his evaluation and continued the case until January 7.

Rene Lucio Williams, in custody, admitted to two Sentencing Violations regarding probation conditions, including performance directives, conduct, fines and fees, controlled substance prohibition, and an order to complete the Western Regional Drug Court Program.

SDDA Sanford asked the court to revoke Williams' probation without sentencing modifications. "If he was a cat, he would've already gone through his nine lives. He's been given an abundance of understanding and second chances," Sanford argued.

APD Wright Noel stated that his client recognized he had wasted an opportunity but had also shown some positive changes, though "obviously not enough." Noel did not request reinstatement but asked Williams' sentences to run concurrently rather than consecutively.

Williams addressed the court, taking full responsibility for his actions and requesting concurrent sentences. Judge Shirley revoked Williams' probation with some modifications and remanded him to custody for imposition of the sentence.