Teen denies assault charge

Staff Reports

A 19-year-old former Rite of Passage resident denied he sexually assaulted another inmate and asked for a trial.

Aurelio Cardenas of San Jose pleaded not guilty in district court on Monday.

"My client is adamant that he is innocent," defense attorney Derrick Lopez said.

Lopez asked Judge Michael Gibbons to set a trial date at least 90 days out so that the defense can hire a private investigator and seek a psychiatric exam of the victim.

Cardenas is on a hold by the California Youth Authority.

Gibbons set an Aug. 6 trial date for Cardenas.

The 16-year-old victim took the stand in East Fork Justice Court on March 30 and testified Cardenas assaulted him inside a travel trailer at the Johnson Lane facility. Under cross examination, the victim admitted he had lied about sexual assaults in the past.

East Fork Justice of the Peace Jim EnEarl allowed charges to go forward, but said the prosecution passed the test by the slimmest of margins.

-- A Carson City man was sent to Nevada State Prison after he admitted to committing several violations of his probation.

Jeffrey Thomas Gainey, 26, faces his original sentence of 1-3 years after he failed to report to probation officers, used marijuana and alcohol, failed to maintain employment or a residence and failed to pay any of the fees as ordered by the court at his April 11, 2005 sentencing for trafficking in a controlled substance.

"I lost my job on Jan. 1 and got kicked out of my apartment by my roommate on Jan. 6 when I didn't have the rent," Gainey told Judge Michael Gibbons. "I stayed with a friend and was smoking pot with him when I got all paranoid, so I ran."

Gainey's probation officer testified that he was a poor risk for reinstatement, that Gainey had made no good-faith effort and never asked for help.

Gibbons revoked Gainey's probation, but gave him credit for 241 days time served.

"When you are done with your sentence you will be completely done," Gibbons said.

-- A South Lake Tahoe man who had been arrested for selling cocaine was allowed to plead guilty to possession of a controlled substance for sale and will participate in drug court.

Allen Dean Meeker, 52, was arrested Sept. 16, 2006. His sentencing will be delayed while he participates in the program that allows drug offenders to clear their records.

Should Meeker fail drug court, he faces four years in prison and a $5,000 fine.

-- A Carson City woman admitted she smoked marijuana and used alcohol while she was on probation for child abuse.

Sherrie Taylor, 41, was arrested for DUI in Carson City. She told Judge Michael Gibbons she didn't fully work her program.

"I went to a lot of meetings," she said. "I was doing AA three times a week and had a sponsor."

Gibbons told Taylor he didn't want to release her unless she was going to attend some sort of inpatient alcohol program.

"I know she'll be sober if she is in jail," he said.

The judge asked defense attorney Tod Young and the Department of Parole and Probation to seek a program Taylor could attend.

-- A Los Angeles man admitted to conspiracy to commit burglary in connection with a March 21 commercial break-in.

Juan Carlos Sanchez Garcia, 35, said through an interpreter that he acted as a look-out in the burglary of United Rentals.

"I just rode with them and was there and they told me to tell them if I saw anyone coming," he told Judge Michael Gibbons on Monday.

In exchange for a reduction in charges Garcia provided a written statement of the incident.

According to defense attorney Tod Young, nothing was taken from the rental yard.

Garcia was arrested after deputies responded to a burglary report. They found him alone inside the yard. Several dirt compactors had been taken from their sheds and had been dragged toward a hole in the fence.

A June 18 sentencing date was set for Garcia, who was released on his own recognizance. He gave the court the address of his uncle in Los Angeles.


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