Man chooses jail in lieu of drug court
June 18, 2013
A 34-year-old Gardnerville man was sentenced Monday to six months in jail after he voluntarily withdrew from drug court following almost two years in the program.
District Judge Michael Gibbons sentenced Nicholas Mark Capitanich for possession of a dangerous drug without permission, a gross misdemeanor.
Capitanich was sentenced to Western Nevada Regional Drug Court in October 2011.
His lawyer, Jamie Henry, said Capitanich had periods of sobriety, but relapsed and began to miss court-ordered hearings.
"He has a job waiting, and feels confident, if allowed, that he will be able to integrate into society," Henry said.
She said Capitanich did not have a car or transportation, and was unable to meet the rigorous schedule of five meetings or tests per week.
She said he would like to continue treatment and had a 12-step sponsor.
"I'm an addict," Capitanich said. "I'd like to continue with my recovery. I failed at drug court, but I would like to prove I can be a beneficial member of society."
■ A 49-year-old Gardnerville man agreed Monday to participate in Western Nevada Regional Drug Court, or face incarceration.
Fifteen months ago, John Linehan said he was confident he could remain clean and sober with the help of outpatient counseling.
On Monday, Linehan admitted using methamphetamine in violation of his probation, and asked for drug court.
Lawyer Jamie Henry said her client had "15 months of sobriety and 10 minutes of stupidity."
He has been in Douglas County Jail for 25 days.
Prosecutor Laurie Trotter said if Linehan was sincere in his request for drug court, she would not oppose it.
He told Gibbons he had been working as a plumber "under the table" for $18 an hour, but his attorney recommended he get paid on the books.
"I apologize to the court for my stupidity," Linehan said, regarding his drug use.
Gibbons extended Linehan's probation to five years, ordered him to pay off his fines and fees on schedule, and to work 10 hours of community service each week if he's employed 30 hours a week or less.
Linehan faces a 30-month sentence in Nevada state prison.
He must abstain from drugs and alcohol and is subject to supervision by the Department of Parole and Probation.
"This is it," Gibbons said. "Stay out of trouble."
■ A 26-year-old Carson City man who successfully completed a regimental discipline program was sentenced Monday to three years probation, and ordered to pay $900 for stolen electronics.
District Judge Michael Gibbons suspended a four-year-sentence for Travis Ray Schwichtenberg, and ordered him to stay out of Target.
Schwichtenberg pleaded guilty to felony theft.
He told Gibbons he was proud of himself for completing the "boot camp" operated by the Nevada Department of Corrections, and designed to keep youthful offenders out of prison.
"It was great," Schwichtenberg said of the camp. "It's the first thing I have accomplished in a long time. I am very proud of myself."
Gibbons ordered Schwichtenberg to pay a minimum $50 a month restitution beginning July 15, and keep records of his job search as he seeks employment.