Criminal court was held on Wednesday, February 17, 2016 with Judge Lanny Waite presiding.
Defendant: Yoshiko Eller Charges – DUI. Defendant had entered guilty plea in December and had been sentenced to various fines and fees. But jail sentencing had been continued to determine if a medical directive would be offered on whether serving in jail could result in death of the Defendant due to a serious heart condition.
Defendant was present last week. But her attorney was not able to be there until later in the day.
Defendant had met all other conditions except the jail time. Rather than continue the matter further, and considering the unique health situation of the Defendant, the Judge allowed for 30 days house arrest to substitute for the jail time. This was readily agreed to and the matter was continued to 3/16/2016 for status check.
Defendant: Cody Frawley Charges: Felony Coercion w/ Physical Force and Gross Misdemeanor Destruction of Property. Matter was set for preliminary hearing on 5/11/2016.
Defendant: Tiffany Bowker Charges – Gross Misdemeanor Break, Injure or Tamper w/ Vehicle. Defense attorney appointed and confirmed counsel. Continued with trial set for 4/13/2016.
Defendants: Susan Harrison & Danielle Gifford
Both Defendants were appearing separately on a number of misdemeanor traffic charges. The Judge had anticipated, if found guilty, there would be a likelihood of jail time in the sentencing of each case. He intended to appoint counsel for each Defendant. But the Asst. DA stated that counsel could not be appointed on traffic matters.
The Judge countered that it was possible if the court ordered it. He reiterated that if either the state was seeking, or if the court anticipated, jail time in the sentencing it would be incumbent upon the court to see that the Defendant is represented.
The Asst. DA responded that, in any case, the state would not be proceeding with the cases.
“On what basis?” asked the judge.
“I don’t think that I necessarily need to explain that,” responded the Asst. DA. “We have discretion to not proceed on cases. In this case, I don’t believe that it is in the interest of justice.”
For the record the Judge clarified that the charges were misdemeanors that carry the potential for up to 6 months in jail.
“Until the state legislature determines that they are no longer misdemeanors, that still applies,” he said. “The Supreme Court decisions still apply. I have the discretion to, without the state’s input, in telling them and the individuals involved that there may be jail time imposed. I do that because I think they need to be represented by counsel. And for any attorney to take the position in front of me that ‘We just don’t represent traffic matters,’ simply doesn’t understand what is taking place. Or they are in complete violation of the Supreme Court ruling.”
The judge said that he would get to the bottom of this problem in some fashion. He stated that the matter was headed for a battle of monumental proportions.
“It is my understanding that the state is not proceeding with these charges, not because they can’t prove them, but because they choose voluntarily not to pursue them; is that correct?” the Judge asked.
“That is correct,” responded the Asst. DA. “During my time in this office I have never once sought jail time on these types of misdemeanors. I understand that you are of a different opinion and I understand the penalty range for these types of misdemeanors.But we have consulted with all the higher-ups in our office and I believe that this is the correct and equitable way to handle these cases. And I feel it is my duty to do that.”
The Judge dismissed both cases.
Defendant: Cortez Barber Charges – Driving without Valid License. Defendant appeared in custody. Had originally been set for court appearance on the matter in Nov. 2013 but had failed to appear in court. A bench warrant had been issued at that time.
Defendant was taken into custody on 2/13/2016 in Las Vegas for charges of Possession of Controlled Substance. At that point, the old warrant had come up in the system and the Defendant was placed on the Moapa Valley court schedule.
The Judge imposed four days in jail and gave credit for the time served. Also imposed warrant fees of $210. Matter continued to 3/23/2016 on traffic calendar for payment of fees.
Defendant: Robert Altana Charges – Poss. of Controlled Substance; Poss. of Drug Paraphernalia Defendant appeared in custody. Had originally plead to first charge on 1/5/2011 and second charge had been dismissed per negotiation. He had been given fines and fees.
Defendant failed to appear in court for the status check and never met the conditions. A bench warrant was issued.
Defendant was arrested on 2/7/2016 and was placed on Moapa Valley court schedule.
Judge gave Defendant credit for time served and closed the case.
Defendant: Martin Barber Charges – Violation of Protective Order, Failure of Convicted Person to Register, Defendant plead to the Violation of Protective Order charge. Judge gave 60 day jail sentence added to the previous six months imposed; all held in abeyance to stay out of trouble for one year and have no contact with his father. Other charges dismissed. Set for status check 8/31/2016.
Defendant: Dustin Hardin Charges – Battery Domestic Violence. Public Defender appointed to represent. Continued for trial 4/13/2016.
Defendant: Ricardo Aguilera Status check on charges – Petit Larceny. Defendant did not appear for status check. No contact with attorney. Continued to 3/16/2016 to give one more month to contact.
Defendant: Sherrie Henry Charges – Possession of Drug Paraphernalia. Defendant did not appear. Continued one more month to send summons. To be heard 3/16/2016.
Defendant: David Pahlka Trespassing. Defendant plead to charge. Sentenced to 30 days in jail held in abeyance to stay out of trouble for one year. Also told to stay away from the Overton Senior Center unless he received specific permission to return. Set for status check on 12/21/2016.
Defendant: Eric Lee Charges – Possession of Drug Paraphernalia. Defendant had felony matter before the District Court. This charge expected to be dealt with at that trial as part of negotiations. Continued to 3/16/2016 for status check.
Defendant: Joel Bierstadt Status check on charges – Battery Domestic Violence. Neither Defendant nor attorney present. Court had received information that Defendant had been working through a course of anger control management counseling, which was not the type of counseling being required by the court. The same problem had occurred in earlier instances. The Judge expressed frustration that Defendant still did not understand what he was being required to do in terms of counseling; and that attorney was not present at the status check. Continued case one more time to 3/16/16.
Defendant: Tamie Becker Status check on charges – DUI. Defendant had completed nearly 58 of 90 community service hours and most of the fines. Continued to 4/13/16 to complete requirements.
Defendant: Michael Pace Status check on charges – Possession of Drug Paraphernalia. Defendant not in attendance. Attorney has had no communication with client. Continued to 3/16/16 for contact with client.
Defendant: Jerome Serrano Status check on charges – Domestic Battery Reports made of regular progress in counseling classes. Case continued to 6/8/2016 for status check.
Defendant: David Terry Charges – Battery Domestic Violence. Defendant in attendance but had warrant issued on 1/20/16 because he had not been present in court. Had moved to Utah. Asked if he could complete counseling requirement from there. Judge said he could and that $325 in fines must still be paid. Continued to 4/13/16 for status check.
