Accused cell phone peeper waives hearing | RecordCourier.com

Accused cell phone peeper waives hearing

A man accused of leaving his phone on to try and capture naked pictures of girls in their bathroom waived his preliminary hearing in East Fork Justice Court on Wednesday. Michael Joseph Donovan, 55, faces several felonies in connection with the case, including capturing an image of the private area of another person, possession of child pornography, burglary and use of the internet to control visual presentation depicting sexual conduct of a person under 16 years of age. Donovan, a friend of the victim's family, stopped by the victim's home. During his visit, Donovan placed a cell phone that is equipped with a camera in the bathroom. The female juvenile victim discovered the camera and told her mother. East Fork Justice of the Peace Tom Perkins ordered Donovan, who has been in custody since his arrest in June, to appear Aug. 19 in Douglas County District Court. ■ A Johnson Lane woman faces burglary and possession of stolen property charges in connection with the theft of $10,000 from a family member. Casey Anne McDuffee-Dube, 44, was taken into custody on Tuesday on a warrant issued for taking a cart full of groceries out of Smith's on June 9. McDuffee-Dube appeared in East Fork Justice Court on Wednesday morning where attorney Derrick Lopez was appointed to represent her. Her bail was set at $35,308. ■ A man who admitted to burglarizing a family member's home returned from Oklahoma to report he was six-months sober and trying to get into drug court there. Kenneth LaMontagne, admitted to felony burglary, saying he became addicted to opiates, which led to a heroin addiction. LaMontagne told District Judge Tod Young he was doing well attending a 12-step program. Attorney Derrick Lopez said they ran into difficulty getting LaMontagne into the Oklahoma drug court. The court in Oklahoma was concerned they wouldn't be able to impose sanctions on LaMontagne necessary to ensure his compliance. Young said that a 12-step program would not be sufficient for LaMontagne, much as he appreciated his progress there. "If you're not in drug court or professional counseling, you will go to prison," Young said. LaMontagne was ordered to return on Nov. 4 or be in either counseling or drug court. Young warned him that being in Oklahoma was a privilege and that he would have to return to Minden twice a year for at least a couple of years. ■ The case of a South Lake Tahoe woman who was accused of a third instance of driving under the influence was remanded back to Tahoe Township Justice Court on Tuesday. Stacie Dawn Anderson, 26, was arrested on March 25 on Highway 50 at Lake Tahoe. Her record showed previous arrests on Aug. 23, 2008, and Sept. 12, 2011. However, her 2008 conviction was apparently expunged. Young told prosecutor Tina Rossum, who asked for a week's continuance, that she could further investigate in justice court. ■ A Gardnerville Ranchos man faces charges for allegedly trying to hit his ex-girlfriend with a car on Saturday. Anthony Marcyes, 22, was arrested on a charge of assault with a deadly weapon. He was released from jail on $4,000 bond on Monday and was given an East Fork Justice Court date. ■ A Gardnerville Ranchos man was arrested on a warrant Saturday in connection with the theft of jewelry from an acquaintance's home. Robert Jorgenson, 33, appeared in East Fork Justice Court and was released on $5,000 bail with a Wednesday court date. ■ A Dayton man will serve 60 days in jail after he pleaded guilty to petit larceny in the Sunday theft of two televisions. Drew Owenself, 28, allegedly caught a ride with someone to Walmart and left the store with two 19-inch televisions. On Monday he admitted to the theft, and was sentenced to 60 days in jail.

Bail set at $75,000 in Johnson Lane burglary

Bail is $75,000 for a Reno man accused of stealing firearms and video games from his brother-in law's home in Johnson Lane. Kenneth Lamontagne, 25, was arrested Wednesday after he was spotted driving away from his brother-in-law's home at about 4:47 p.m. The victim said he was headed home when he saw a black Jeep Liberty pulling out of his driveway. He recognized his sister's vehicle. He found his front door unlocked and a window to the garage had been broken, and the door between the garage and the house had been pried open. Missing was a Mossberg shotgun and a Smith and Wesson .38 Special revolver and five to six PlayStation 3 video games. While investigators were talking to the victim, the description of the vehicle was broadcast. Carson City deputies heard the call and spotted the vehicle on its way to Washoe Valley. They pulled over the Jeep and arrested Lamontagne after spotting the shotgun. Lamontagne appeared Friday in East Fork Justice Court, charged with burglary with a deadly weapon or a firearm, and grand larceny of a firearm, both felonies. Judge Tom Perkins appointed lawyer Derrick Lopez to represent Lamontagne, and set his next court appearance Wednesday. Lamontagne pleaded with the judge to lower his bail. "I'm losing my mind in here," Lamontagne said. "I can't eat, I can't sleep." Perkins told Lamontagne that residential burglary involving firearms was one of the most serious felonies, and declined to lower his bail. ■ A 27-year-old transient faces a charge of trafficking in methamphetamine despite his insistence the substance removed from his vehicle was a fish tank chemical. Jacob Pacheaco was arrested Wednesday during a traffic stop on Harvest Avenue and Chichester Drive in Gardnerville. Pacheaco reportedly told the arresting officer he had a medical marijuana card, but could not produce the document. Pacheaco handed over 9.5 grams of marijuana and rolling papers in the vehicle, and said he had smoked marijuana an hour before. He also lacked a driver's license, insurance or vehicle registration. He told the officer the vehicle belonged to an acquaintance who was incarcerated in another jurisdiction. A search of the vehicle turned up a metal container with 20.1 grams of a white, crystalline substance believed to be methamphetamine, several small plastic bags, a scale, a knife and a casino player card bent in half. Pacheaco appeared Friday in East Fork Justice Court and told Judge Tom Perkins he could not read or write. He asked Perkins when the substance would be tested at the lab and if it would be before Wednesday's schedule hearing. "It's not meth that they found in there," he said. He told the arresting officers the powder was for a fish tank. "At this point, we're not in a trial situation, even if it's powdered milk," Perkins said. He set a Feb. 7 preliminary hearing and told Pacheaco that prosecutors have to prove he did something wrong "or you get to go home." He lowered Pacheaco's bail from $40,368 to $25,000, in line with a trafficking charge. Perkins appointed Jamie Henry to represent Pacheaco.

Accused cell phone peeper in court

A man accused of leaving his cell phone in a Gardnerville family's bathroom to catch pictures of them naked appeared in custody in East Fork Justice Court on Monday. Michael Joseph Donovan, 55, faces several felonies in connection with the case, including capturing an image of the private area of another person, possession of child pornography, burglary and use of the internet to control visual presentation depicting sexual conduct of a person under 16 years of age. Donovan, a friend of the victim's family, stopped by the victim's residence. During his visit, Donovan placed his cell phone that is equipped with a camera in the bathroom. The female juvenile victim discovered the camera and told her mother, according to Sheriff's Spokesman Sgt. Pat Brooks. Sheriff's Deputies responded and met with the victim and her family. After collecting the phone as evidence, Deputies and investigators responded to Donovan's address, where he was arrested. Donovan was booked into the Douglas County Jail on $50,015 bail. Investigators are still actively working this case, Brooks said. East Fork Justice of the Peace Tom Perkins appointed attorney Derrick Lopez to represent Donovan, but told him he would probably have to reimburse the county. Donovan told Perkins that he was self-employed and made about $2,000 a month. He is scheduled to appear back in court on Wednesday.

Couple waives hearing in burglaries

A Chico, Calif., couple accused of a string of smash & grab vehicle burglaries in Carson Valley have waived their preliminary hearings and are headed to district court. Jacob Donovan, 35, and Lisa Vantine, 32, appeared in East Fork Justice Court on Friday with their attorneys. Donovan faces burglary, conspiracy and habitual felon charges in connection with the burglaries, which occurred Oct. 13-15. Vantine faces burglary and conspiracy charges in the case. Both were ordered to appear in Douglas County District Court on Nov. 17 for arraignment. A preliminary hearing determines whether there is evidence a crime has been committed, and there is a chance the defendant committed it. The couple was arrested on Oct. 16 after a vehicle resembling one in the burglaries was spotted in Pine View Estates. Donovan, 35, was convicted of burglary in Butte County, Calif., in 2006 and 2007. ■ A Minden man was ordered to district court to face a felony count of driving under the influence after a preliminary hearing in East Fork Justice Court on Friday. Steven Michael Lehrbaum, 33, successfully completed Western Nevada Regional DUI Court in January after he received a third DUI in Carson City in 2010. The three-year program allowed him to convert the third DUI into a misdemeanor. On May 16, Lehrbaum was arrested near Highway 395 and Buckeye Road for DUI. He allegedly had a blood alcohol content of .18, according to court documents. He was scheduled to appear in District Court on Nov. 18. ■ A South Lake Tahoe resident is due to appear in Tahoe Township Justice Court on Nov. 18 after he allegedly placed his 78-year-old mother in a choke hold and took her car keys. David Rau, 49, was taken into custody on Nov. 2 after he was detained by Lakeside Inn Casino security. According to security, Rau's mother was at a slot machine that afternoon when he came up behind her, grabbed her around the neck and pulled her to the ground. She told deputies he took her keys, but that a Samaritan came along and pulled Rau off of her and held him for security. Rau is being held on $100,000 bail on charges of felony domestic battery and robbery. Deputies reported they could smell alcohol on Rau's breath when he was taken into custody. His mother told them he wanted her to drive him to Reno to pick up his brother.

Justice of the peace salaries are restructured

Douglas County’s justices of the peace are getting a raise, but their paychecks won’t be getting any bigger. The county commission has decided to set a base salary of more than $73,000, effective for the Tahoe and East Fork townships. But the move won’t make a difference because East Fork JP Jim EnEarl earns $85,113 and Tahoe JP Richard Glasson, who took office Jan. 1, will start at $78,000. The increase is a result of a discrepancy Glasson discovered while completing personnel forms after he was elected. A resolution adopted in 1997 set the base salary at $68,016, but a county pay plan that was later adopted set a pay range of $62,420 to $85,113. Glasson wasn’t told exactly what he would earn. His predecessor, Steve McMorris, made more because he was compensated for being a special master and had also earned longevity pay for his 18 years of service. At a Jan. 4 meeting, Glasson argued he should be paid what EnEarl makes. “I’ve got the same duties. Our caseload is similar,” he said. “Mr. Glasson is not a rookie attorney. I believe his salary should be the same as Mr. EnEarl’s,” said Commissioner Steve Weissinger. Others pointed out that the county’s pay schedule means some people hold the same jobs and titles but have different pay rates because of their tenure. All agreed a uniform base salary is necessary, and that Glasson’s experience as a lawyer justifies a $78,000 starting salary. The board also agreed on a base of $73,337, but an updated resolution suggests a base of $73,756 to match the county’s current pay plan. Justices of the peace oversee the county’s justice courts, adjudicating misdemeanor criminal cases and handling preliminary procedures for gross misdemeanor and felony cases. They also perform civil marriage ceremonies and hear small claims and traffic cases. The Nevada Judiciary Annual Report for 1999-2000 showed 1,069 criminal filings in East Fork Justice Court compared to 1,162 in Tahoe Justice Court. East Fork had 681 civil filings and Tahoe 255, the report says. A resolution stating the new $73,756 base for both JPs will be discussed Thursday when the county commission meets. The meeting will be at the old courthouse, 1616 Eighth St., Minden.

Smash and grabber will serve four years in prison

The last part of the smash and grab duo will spend up to four years in prison. Jacob Donovan, 35, was found guilty of burglary Monday, and sentenced to 16-48 months. His codefendant, Lisa Vantine, was sentenced to 12-36 for principal to burglary Jan. 12. Vantine admitted to being the look out and driver for Donovan during the burglaries, but never broke into the vehicles or took items. Donovan's sentence is to run consecutive to any sentence imposed in California where he was on parole at the time of the burglaries. Donovan and Vantine were arrested Oct. 16 after a vehicle matching the description of the one used during the smash and grabs was seen. The pair broke the windows of several vehicles in the Raley's and Walmart parking lots, taking what they found inside to support drug habits. Donovan has been to prison five different times on both similar and unrelated charges. He wrote in a letter addressed to the court that his experience in prison was not helpful or reformative, but detrimental. "It's not helping (time in prison). Why can't we try something else like rehab?" Donovan asked of the court. Donovan was also ordered to jointly pay back the $258 of restitution to the victims. "I really sincerely hope this is the last time you sit in front of someone like me," Judge David Gamble said after imposing Donovan's sentence. Donovan apologized to the court. "I'd like to apologize to my victims. I didn't mean to scare her. I'm sure she was terrified (watching him break into her vehicle from a beauty shop)," Donovan said. "I am totally accountable for my actions." He was given credit for 138 days for time served.

Man faces felony for jail incident

After serving only a dozen days of his previous sentence, a man who stole video games is now facing a felony charge. James Branson Cook, 25, pleaded guilty to a charge of dissuading a victim from reporting a crime. On Aug. 23, Cook spit on another inmate and intimidated him from reporting the crime. Cook was serving a jail sentence for stealing video games from GameStop. Cook was in jail serving a six-month sentence for his theft charges when he spit on another inmate. He was originally charged with battery by a prisoner, which would have carried a heavier sentence. He used the Supreme Court case of North Carolina v. Alford, which states that someone may plead guilty even if they don't accept that they committed the crime because they believe they could be convicted of a more serious offense. Cook took a break to speak with his attorney, Matthew Ence, before ultimately deciding to continue on with his guilty plea. "I don't want you to enter a guilty plea just because you think it's a ticket out of jail," said District Judge Tod Young before accepting the plea. A sentencing date was set for Nov. 24 at 9 a.m., and Cook will stay in custody until that time. ■ Kenneth Lamontagne, 27, had his charges dismissed and was discharged from the drug diversion program after successfully being sober for more than 18 months. Lamontagne was originally arrested in January 2014 after stealing video games, a shotgun and a revolver from his brother-in-law's home. Since his release, Young said that he has been extremely faithful in sending in reports and updates on his sobriety."I learned that geography doesn't change anything, its your mentality," said Lamontagne on his success since moving away from the area. He has changed jobs, and most recently works at a restaurant where he got a promotion. "When you've had bumps in the road, you didn't use," Young said.After noting that diversion was a success, Young dismissed the charges but encouraged him to continue going to counseling and meetings. "You don't need me to stay sober," said Young. "I'm really happy for you." ■ Sargis Razmikovch Hovsepyan, 23, received 364 days in Douglas County Jail, which will start after he serves 15 days for contempt of court. Hovsepyan was returned to Douglas County on Oct. 28 on a warrant after failing to turn himself in. He was supposed to report to jail in August 2014, but failed to do so and was arrested in Sacramento. His original charge of unlawful taking of a motor vehicle occurred in 2013.

High tech peeper receives life sentence

A Gardnerville man received a sentence of up to life in prison for video-taping neighborhood girls in their bathroom. Michael Joseph Donovan, 56, admitted to making videos of children, focusing on their crotches. Donovan was arrested in June 2014 after being caught trying to set up a cellphone in a bathroom of a friend of more than 20 years in hopes of catching teenage women naked. He was arrested on that charge and subsequent investigation turned up the movies. Donovan originally denied the charges. Victims and their families gave impact statements before Donovan received his 10-year-to-life sentence on Monday. Donovan addressed the court wanting the victims to know he took responsibility for his actions and they were in no way at fault. Deputy District Attorney Erik Levin explained why Donovan must spend life in prison. "This is among the most serious, and troubling offenses in our books. It involves the most precious members of our society. It dehumanizes those people … It is a crime the victims and families will have to deal with for the rest of their lives," Levin said. Donovan was also fined $100,000 plus more than $3,500 in fees. He will be supervised by Parole and Probation for the rest of his life as well as register as a sex offender.

Reno man arrested in burglary

A Reno man was arrested in Carson City after he was identified leaving a Johnson Lane home that had been burglarized. Kenneth Lamontagne, 25, was spotted driving away from his brother-in-law's home at about 4:47 p.m. Wednesday. The victim said he was headed home when he saw a black Jeep Liberty pulling out of his driveway. He recognized his sister's vehicle. He found his front door unlocked and a window to the garage had been broken, and the door between the garage and the house had been pried open. Missing was a Mossberg shotgun and a Smith and Wesson .38 Special revolver and five to six Playstation 3 video games. While investigators were talking to the victim, the description of the vehicle was broadcast. Carson City deputies heard the call and spotted the vehicle on its way to Washoe Valley. They pulled over the Jeep and arrested Lamontagne after spotting the shotgun. He was transported to Douglas County and booked into jail on charges of burglary, grand larceny and possession of stolen property, all with firearm enhancements.

Accident results in child endangerment, drunk driving charges

Staff Reports A 44-year-old Johnson Lane woman was charged with three counts of felony child endangerment after she was accused of drunk driving causing a two-vehicle accident Friday night. Bail was set at $10,640 for Tamara Kim Smith. In addition to child endangerment, Smith was charged with her second driving under the influence offense. A preliminary breath test indicated Smith’s blood-alcohol content at .113, over the legal limit of .08 for driving. She had three children in the vehicle, ages 9, 10 and 11, who were released to the care of a family friend. Paramedics responded to the scene, but parties in the accident refused treatment. According to reports, the accident occurred at 5:45 p.m. at the intersection of East Valley and Johnson Lane. Smith reportedly ran a stop sign. Smith is to appear Wednesday in East Fork Justice Court. Judge Jim EnEarl appointed lawyer Kris Brown to represent her. Records indicate Smith was convicted of driving under the influence in April 2006.