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August 6, 2013
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Man denies shooting at Gardnerville businesses

A trial is set to begin Jan. 14 for a 23-year-old Gardnerville man who denied charges that he shot up three Gardnerville businesses.

Bryce Askay pleaded not guilty Monday to discharging a firearm within or from a structure or vehicle, and discharging a firearm into a structure.

No one was injured in the March 25, 2012, incident which witnesses said was triggered when Askay was escorted out of Nevada Ugly’s after a fight.

Patrons said Askay refused to leave the bar about 4 a.m., and told patrons he had a gun in his car, threatening, “Next time I talk to you, you’re going to be dead,” and “I’m going to kill everyone in this bar.”

Witnesses said they didn’t pay attention to the suspect because he was intoxicated, according to reports.

Deputies were called to the bar at 5:30 a.m. after a report of shots fired.

Bullet holes were discovered in the front window of Nevada Ugly, Buckaroo’s Bar and Adaven Hotel.

Askay was bound over to District Court, Department Two, after a preliminary hearing on July 11 in East Fork Justice Court.

District Judge Michael Gibbons set a four-day trial for Jan. 14, 2014, and a pre-trial hearing for Dec. 9.

Askay is represented by lawyer Ron Cauley.

■ Probation was revoked Monday for a 25-year-old Gardnerville man with multiple violations after he admitted using methamphetamine.

District Judge Michael Gibbons ordered Jordan Keeney to serve one year in Douglas County Jail, and gave him credit for 104 days in custody.

Keeney admitted that he used methamphetamine, had illegal prescription drugs, and failed to stay in touch with his probation officer.

This was Keeney’s second probation violation hearing.

In March, he admitted using methamphetamine, and failing to report, or to participate in Western Regional Drug Court.

He had been given a suspended sentence for a gross misdemeanor drug charge following his arrest Jan. 13.

Keeney was incarcerated in New Mexico two different times for drug offenses.

He said he spent several weeks camping and “couch surfing” because he didn’t want family members to get caught up with his legal troubles.

“It just hasn’t worked out for Mr. Keeney,” said his lawyer, Jamie Henry. “He really did express to me that he wants to get better.”

Prosecutor Tom Gregory asked for revocation.

“He has many violations. He has done terribly in a short amount of time,” Gregory said.

■ A Gardnerville Ranchos man who asked to be removed from Western Regional Drug Court despite 17 months of progress was sentenced Monday to Nevada state prison.

According to reports, Joseph Leonard had been making satisfactory progress in drug court when he had a slip.

Leonard’s lawyer, Jamie Henry, said her client changed his mind, and wanted to be readmitted despite an earlier request to be terminated.

She said his medication had been readjusted, and he was “feeling normal.”

She said Leonard was taking anti-psychotic medications and “was able to come to terms with what he was supposed to be doing.”

Prosecutor Tom Gregory asked that Leonard’s probation be revoked.

“He asked to be taken out of drug court,” Gregory said.

■ A 31-year-old Gardnerville woman admitted Monday she assisted her boyfriend in avoiding arrest by driving him from a crime scene, and lying about his whereabouts.

Cristina Basagoitia pleaded guilty to accessory to a robbery or battery causing substantial bodily harm.

She faces up to five years in Nevada state prison and a $10,000 fine at sentencing Sept. 30.

In exchange for Basagoitia’s guilty plea, the state agreed to recommend 12-30 months, and she is free to ask for any legal sentence including probation.

Basagoitia said she drove her boyfriend, Miguel Rubio, and codefendant Waylon Dondero from the scene of an assault that took place late May 25 on Genoa Lane.

Rubio and Dondero are accused of beating a 40-year-old man in an effort to get money for gambling on May 25.

Dondero, of Alpine County, faces several charges in connection with the incident. Basagoitia said she remained in the car during the attack but saw the victim “get hit pretty hard.”

“I saw them get into a fight. I drove them away from the scene,” she said.

Basagoitia said the suspects got out of the car and took off on foot when they thought deputies were on their way. Dondero was arrested July 3, and Rubio on July 20.

Basagoitia admitted she told deputies she didn’t know where Rubio was when they came to arrest him at his parents’ house. He was found hiding in a closet. She was reluctant to say that she lied about his whereabouts.

“They (deputies) came in with a dog and they were all yelling and shouting at me. I don’t remember what I said,” she told the judge.

Basagoitia said she knew Rubio was wanted because the night before his arrest, they searched the DCSO web site and found his picture and the charges against him.

After accepting her plea, District Judge Michael Gibbons released Basagoitia on her own recognizance. She is under the supervision of the Department of Alternative Sentencing, and must abstain from alcohol and controlled substances. She is subject to unannounced search, seizure and testing.

Gibbons told her she may not contact the victim, witnesses or codefendants in the case.

■ A 33-year-old transient who disappeared after he was kicked out of a California drug treatment program was sentenced Monday to three years in Nevada state prison.

District Judge Michael Gibbons declined defendant Jacob Foley’s request that he be allowed to return to inpatient treatment in California.

Foley was sentenced in September 2012 to participate in the treatment program. He pleaded guilty a year ago to possession of a controlled substance for sale, heroin.

He was kicked out of the Campbell, Calif., treatment program for using marijuana, and faced more charges.

Pointing to the benefits already granted to Foley that all “went by the wayside,” Gibbons said he was disinclined to grant the defendant’s request.

“How could I possibly reinstate him in light of his criminal record?” Gibbons asked.

Foley said he had researched a new drug treatment for heroin addicts for which he’d been approved in California.

“You may be able to break the cycle you’re in, but that doesn’t mean there are no consequences for what you did,” Gibbons said.

Foley and his girlfriend were arrested by Douglas County officers who followed them to Washoe County last July on their way to a drug transaction. Officers arrested the pair when they were observed shooting up balloons of heroin.

Codefendant Elizabeth Waters appeared in court Monday and said she and Foley had a child together, and she was attempting to regain full custody.

She told Gibbons that Western Nevada Regional Drug Court worked for her, and she had been clean for more than a year.

She asked Gibbons to consider it for Foley.

The judge revoked Foley’s diversion and sentenced him to prison. He must serve 12 months minimum before he is eligible for parole.

He gave Foley credit for 44 days in custody. In addition to fines and fees, Foley must pay $422.39 extradition.

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The Record Courier Updated Aug 6, 2013 05:15PM Published Aug 6, 2013 01:20PM Copyright 2013 The Record Courier. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.