A Gardnerville man’s probation was reinstated in Michael Gibbon’s district court Monday despite the prosecution’s request he be sent to prison for a probation violation.
Robert Schwoerer, 22, was arrested May 23 after fleeing from Douglas County Sheriff’s Office deputies who recognized him in a downtown bar.
He had been sentenced to probation only a month earlier, Gibbons said.
He admitted to drug charges in November 2012.
His probation restricted him from drinking alcohol and patronizing bars and casinos, Gibbons said.
“I admit that I was in a place I shouldn’t have been and I was drinking which is what I shouldn’t have been doing,” Schwoerer said. “I don’t feel that justice is being served by sending me to prison for a text message.”
Schwoerer said that his conviction was based on text messages sent to him from another person concerning the sale of cocaine.
“I didn’t show the court what I should have,” he said. “But I don’t feel like prison is going to help me.”
Prosecutor Erik Levin said that Schwoerer had a “history of violence” and “minimized” his responsibility for his conviction.
Schwoerer’s past charges include burglary, robbery, false imprisonment and battery.
“He’s shown he is incapable of following the rules of society,” Levin said. “The only thing left to do with him is to send him to prison.”
Public defender Kristine Brown said that her client had an alcohol problem that he “doesn’t quite understand the depths of” and has a pain medication addiction.
She asked that Schwoerer’s probation be reinstated and that he be ordered to complete Salvation Army and in-patient drug programs instead of serving a prison sentence.
“He knows that it is a strict program with strict rules,” Brown said.
Gibbons ordered probation be reinstated and that Schwoerer spend 108 days in Douglas County jail before attending the Salvation Army program.
“I’m going to give him one more chance,” Gibbons said.