Judge: Pay $60 weekly or face prison
April 16, 2013
Probation was reinstated Monday for a 51-year-old Gardnerville man who was ordered to pay $60 a week toward restitution or face sanctions.
Charles Matthews was sentenced to a suspended three-year sentence in Nevada state prison in June 2010 after admitting he helped a Gardnerville motel coworker cash forged checks from their employer.
The total loss was more than $9,000; Matthews was ordered to pay $4,336.13 in restitution.
According to court records, he has paid $890.
Codefendant Sarah McKinnis, 36, was sent to prison, and released in November 2011.
District Judge Michael Gibbons issued an order to show cause on Monday because McKinnis failed to report to the court after her release to set up payment for restitution. He set a hearing May 6.
McKinnis was dishonorably discharged from probation in Las Vegas, and authorities sought her whereabouts.
Prosecutor Erik Levin said the victim contacted him to report that McKinnis had been released from probation without making a single payment.
He said Matthews wasn't much better.
"He has done almost nothing to take care of this matter," Levin said.
He said Matthews worked only 14 hours of a court-ordered 100 hours of community service; failed to turn over the entire proceeds from sale of a vehicle, and never came up with anticipated tax refunds to be paid to the victim.
Matthews said he owed money to the IRS, but after this year's return is paid, he'll have made good on back payments.
He admitted missing counseling sessions.
"I had a long period of unemployment, I didn't receive benefits, but I finally got a job. I owed a lot of money to a lot of people. I still owe funeral expenses for my father," Matthews said.
Citing Matthews' $400 cable bill, Levin said, "It should be zero dollars until the victim gets paid off.
"Part of probation is him stepping up and showing responsibility. He doesn't want to do that," Levin said.
Gibbons extended Matthews' probation to five years.
"The overriding concern is trying to get the victim paid. You say you have a desire to do this and the means to do it. The burden is on you, not the department of probation," Gibbons said.
He ordered $60 to be deducted from Matthews' weekly paycheck.
"If it's not taken out by P&P, you write a check," Gibbons said.
He ordered Matthews to turn over any tax refund and submit a copy of his 2012 return.
■ A 26-year-old California man received permission Monday to participate in a drug diversion program after he pleaded guilty to possession of marijuana in a four-year-old case.
District Judge Michael Gibbons ordered Joel Phillip Grosskopf to participate in the California program and perform 50 hours of community service within the next six months.
After Grosskopf failed to follow procedure in presentencing forms, Gibbons advised the defendant it was his responsibility to make sure monthly reports were filed with the court.
"You're responsible to make sure all these entities submit reports to the court. If they don't, you do it," Gibbons said.
He ordered Grosskopf to follow treatment plans for substance abuse and mental health issues.
"If you don't, and you come back to court, you could be facing up to four years," Gibbons said.
On April 20, 2009, investigators discovered a marijuana grow operation with 40 plants and paraphernalia at Grosskopf's home in the 3500 block of Arcadia Drive in Jacks Valley.
Investigators recovered 40 live marijuana plants, two electric ballasts, three high-intensity grow lights, an electric timer, a handwritten list of marijuana plant names, a glass jar of processed marijuana and a CD with photographs.
In exchange for Grosskopf's guilty plea, additional charges were dismissed.