Probation, jail sentence in burglaries
April 22, 2014
A 27-year-old Carson City man was sentenced to five years probation in an effort, said the sentencing judge, to "rewire his brain," and get him off heroin.
District Judge Michael Gibbons ordered Logan Anderson to serve one year in Douglas County Jail for two counts of burglary.
Gibbons told Anderson, who has credit for 105 days in custody, he must serve at least six months in jail, but could be released after that to an inpatient drug treatment program.
Gibbons said if Anderson successfully completes inpatient treatment that would count against his year in jail.
Anderson pleaded guilty to two counts of burglary in connection with the theft and attempted theft of two televisions from Walmart within weeks of each other.
At his arraignment in February, Anderson said he stole the televisions to support his heroin addiction.
Gibbons sentenced Anderson to five years in prison on each offense, to be served concurrently. Anderson must serve a minimum of 18 months before he is eligible for parole.
Gibbons suspended the prison sentence, and ordered Anderson to complete Western Regional Drug Court.
"You need a long period of sobriety to rewire your brain," Gibbons said. "This sentence gives you a better chance of success and serves as punishment."
Anderson must complete 100 hours of community service after he is released from custody, and pay fines and fees.
He must pay $798 restitution to Walmart for the stolen television.
Anderson admitted taking a television on Dec. 12, and trying to take another on Jan. 7, when he was arrested.
In the first theft, Anderson took a 50-inch Samsung television and put it into a two-door sedan. He said he sold the $798 television for $250.
The second time, Anderson was taken into custody as he was attempting to steal a 55-inch television worth $678 from the store.
That television was returned.
Anderson's lawyer, Jamie Henry, said her client had the support of his mother, and sister, a former addict who had successfully completed drug court, and had been sober six years. She said Anderson's sister remained active in 12-step programs, and would be a good role model for her brother.
"I have spoken at length with my client and he knows how intensive drug court is. He watched his sister go through it, and is so anxious to get better. He does not want to be this person (an addict) any more," Henry said.
Anderson said he is eager to change.
"I did mess up in the past," Anderson said. "Every time I've been in trouble, I've been on heroin. I just want a second chance at life."
Gibbons turned down Anderson's request for a diversion that would mean charges would be dismissed if he were successful.
"You need the most comprehensive sentence to help you stay clean, Gibbons said. "After you were identified as a suspect in the first incident, you cooperated with the sheriff's office, then you went back, and did it again. And you bumped into the security officer two times trying to get out of the store."
Gibbons told Anderson he would always be a heroin addict.
"Being a heroin addict is a very, very hard addiction to break. You can't break it. You have to manage it," Gibbons said.
The judge said because of the nature of the offenses, diversion was not appropriate.
"You will have two felony convictions which is unfortunate, but you're the one who did this to yourself," Gibbons said.