District Court January 14

The Tenth Judicial District Court convened Tuesday, January 14, with Judge Thomas Stockard presiding.

Tad Fredrick Mergener pleaded guilty to the Category C Felony of Grand Larceny of a Motor Vehicle, punishable by 1-5 years in the Nevada State Prison and a fine up to $10,000.

Churchill County Alternate Public Defender (APD) Wright Noel outlined the negotiated plea agreement, requiring Mergener to pay a $2,000 fine. The state agreed to reduce the charge to Gross Misdemeanor Attempt to Commit Grand Larceny of a Vehicle. Sentencing was set for March 25.

Lester Leigh Johnson appeared for sentencing on the Category D Felony of DUI, a Third or Subsequent Offense, to which he pleaded guilty in September.

Churchill County Public Defender (CCPD) Jacob Sommer noted that the Diversion Program was unavailable when Johnson was sentenced to a previous DUI in 1993. He emphasized his client's education, including a Stanford University degree. PD Sommer argued for treatment over imprisonment or the minimum sentence allowed by statute if the court denied diversion.

Johnson expressed gratitude for a continuance granted to address family matters before sentencing. Judge Stockard imposed a fine of $2,000 and sentenced Johnson to 12-32 months in prison. He was remanded to the custody of the Churchill County Sheriff. 

Travis Reed Johnson admitted to the Non-Technical Sentencing Violation of failing to enter and complete the Western Regional Court Program.

Deputy District Attorney (DDA) Priscilla Baker cited multiple failures, including missed testing and program participation, saying, "He said it isn't his fault that New Frontier Treatment Center didn't do their job and he didn't learn anything from the program." She argued for probation revocation, stating, "The State gives an opportunity to address his issue, and he throws that opportunity back in the court's face."

CCPD Sommer acknowledged his client's actions. "He has come further than I could have thought," said Sommer, "It's important to note that Mr. Johnson did not commit any new crimes, and made positive progress during his time in the program," referring to Johnson's stable housing and employment. He asked for probation for his client, also citing Johnson's sobriety and clean drug tests.

Judge Stockard provisionally readmitted Johnson to the Western Regional Specialty Court program and continued the Violation Hearing to February 4.

Nicholas Wesley Neal, in custody, pleaded guilty to the Wobbler charge of Attempt to Commit Burglary of a Business. The charge is punishable as a Category D Felony with 1-4 years in prison or as a Gross Misdemeanor with up to 364 days in jail.

Senior Deputy District Attorney (SDDA) Chelsea Sanford summarized the case and argued against probation. She reported that the defendant entered Wal-Mart with an accomplice, picked up a trash can, put other items in the trash can, and walked out without paying. "Unfortunately, we have an individual who has a criminal history, and he has an appearance of not correcting his behavior."  She told the court that probation was revoked all four times it was granted.

APD Noel requested sentencing as a Gross Misdemeanor with a maximum sentence of 364 days. Neal told the court that he gave up when he lost his fiancé and his unborn son; "Did that give me an excuse to do what I did? No." He asked for mercy, explaining he had found stable housing and was working to improve his life.

Judge Stockard sentenced Neal to 14-48 months in prison and ordered $317.16 restitution. Neal was remanded to the sheriff's custody for imposition of his sentence.

Sabrina Marie Ortiz, custody, pleaded guilty to the Category B Felony of Possession of a Firearm by a Person Convicted of Domestic Battery, punishable by 1-6 years in prison and a fine up to $5,000. Judge Stockard reinstated Ortiz's release on her own recognizance (OR) with conditions, including daily testing, obtaining a substance abuse evaluation, and no contact with Tomas Tijerino. Sentencing was set for March 25.

Torie Rae Turner, in custody, Torie Rae Turner appeared for sentencing on the Category C Felony of Abuse, Neglect, or Endangerment of a Child with a prior Felony of the same. DDA Baker detailed Turner's repeated endangerment of children and argued against probation, requesting a sentence of 24-60 months.

Turner expressed remorse and asked for probation or a concurrent sentence. Judge Stockard sentenced Turner to 12-60 months, consecutive to her current sentence. She was remanded to the custody of the sheriff for imposition of sentence.

Two cases were referred for competency review. The cases will move forward if the defendants are deemed competent. If not, physicians will work with the defendants in an effort to treat them to competency. 

Continuances

• Rachel Nicole Brown - arraignment continued to February 4.
• Miguel Angel Aguayo-Rodriguez - arraignment continued to January 21.
• Joshua William McEvers - Sentencing Violation Hearing continued to January 21.