Man in custody after positive drug test
October 29, 2013
One of six defendants in a Gardnerville Ranchos drug bust who pleaded guilty was taken into custody Monday after he tested positive for drugs in violation of a pre-sentence release.
District Judge Michael Gibbons ordered Daniel Redding, 21, to begin serving a nine-month sentence immediately rather than waiting until December, as originally agreed.
Redding pleaded guilty Oct. 14 to trafficking in a controlled substance. He faces up to six years in prison and a $50,000 fine.
Sentencing originally was set for Sept. 15, 2014, but Gibbons moved it up to Aug. 18, 2014.
Redding had been ordered to report three times a week for testing to Department of Alternative Sentencing.
In a report to Gibbons, DAS Chief Michael Beam said Redding failed to report or return telephone calls. When officers went to his house in Wellington, no one answered despite the fact the back door was open.
Redding showed up for court Monday just as Gibbons was to hear a request from the district attorney's office for a bench warrant.
Redding said probation officials must have arrived at his house last week just after he left.
"I broke my phone and I had no way to get in touch with anybody. I came straight down here after I heard the voice mails when my phone got fixed," Redding said.
He told the judge he never received the paperwork that ordered him to report three times a week to DAS, although he was in court when the judge made the stipulation.
"I know that's like no excuse," Redding said.
Gibbons said if Redding can't comply with terms of the agreement, maybe it should be changed.
DAS officer Yvette Altringer said Redding tested positive Monday for marijuana and opiates.
Redding denied recent use of marijuana, and said he took a Percocet given to him by a friend because he hurt himself.
Prosecutor Tom Gregory said although Redding violated the plea agreement, he continued to recommend that the defendant be allowed to serve nine months in Douglas County Jail. He recommended the sentence begin immediately.
The benefit to Redding is that he serves part of his sentence in jail instead of prison.
He is not eligible for probation, and agreed not to seek a diversion program, or a reduced sentence for substantial compliance with law enforcement.
He admitted possession of 12.5 grams of MDMA, or "Ecstasy."
Redding was identified as the suspect who opened the door Aug. 16 when deputies arrived at his residence at 1302 Muir Drive on a report of a domestic disturbance.
Officers discovered six teenagers and young adults at the house, and a variety of drugs and paraphernalia.
Redding faces a recommended sentence of 30 months in prison, with a minimum parole eligibility of 12 months.
Codefendant Kyle Ross Jarboe, 22, pleaded not guilty Monday to trafficking in a controlled substance and possession of a controlled substance for sale.
Gibbons set a Jan. 21 date for a four-day trial.
Jarboe is represented by attorney William Cole, who requested one more week before Jarboe enters a plea to allegations of probation violations in connection with his most recent arrest.
Jarboe acknowledged that he understood he would likely remain in custody until his case is resolved.