Man returned to prison for DUI

A South Lake Tahoe man with six felony convictions was sentenced to prison Monday for driving under the influence, a charge he earned nine days after he was released on parole.

District Judge Michael Gibbons rejected a request from William Simeral, 34, to be sentenced to the diversion program for people convicted of felony driving under the influence.

"You have a criminal record from 1995 that is uninterrupted, except when you're incarcerated," Gibbons said.

"You're going to have to do this on your own. Take advantage of programs in prison. You have drug and alcohol problems but you are endangering other people. You are a risk," Gibbons said.

Simeral was arrested March 30 on Kahle Drive when he was stopped for an expired registration. His blood-alcohol content was .13, over the legal limit of .08 for driving in Nevada.

"The odds are likely if I go to prison, there will be no parole this time," Simeral said. "I want to be able to be in my son's life. He's 8 and the last Christmas I spent with him was in 2002."

He has prior convictions for burglary, felony domestic violence, possession of a controlled substance and assault with a deadly weapon. He also has numerous parole violations.

Gibbons sentenced Simeral to four years in prison for felony driving under the influence. He must serve a minimum of 12 months before he is eligible for parole. His sentence is consecutive to his parole violation.

A Carson City woman who stole her daughter's car and bank card to go gambling in violation of her probation was sentenced Monday to a year in Douglas County Jail concurrent to any time she has when her parole is revoked.

Claire Arthur, 47, was arrested April 8 after she took her daughter's vehicle from Carson City to a Gardnerville casino.

District Judge Michael Gibbons rejected her request for probation reinstatement.

"I don't like sending people to prison because of their addictions and mental health problems," he said. "I feel sorry for you and your family, but you have done it to yourself."

He encouraged her to seek help in prison.

Arthur was sentenced to a year in Douglas County Jail and placed on five years probation for trying to cash bad checks worth $3,000 in August 2006.

A South Lake Tahoe man, characterized as a pathological liar by his probation officer, lost his probation Monday and was ordered to Douglas County Jail for six months.

August Anderson, 37, was on probation for trying to cash bogus checks at the MontBleu casino at Stateline, a charge from a year ago.

He was arrested most recently on charges in Carson City and El Dorado County, Calif., for allegedly stealing mail and trying to cash checks.

According to reports, Anderson has five felony convictions that he did not disclose during a presentence investigation by the Parole and Probation Department. At the time a report was prepared, the California charges did not appear in the system.

He admitted committing the most recent crime to get money for drugs, but said he had been trying to seek help on his own at the Sierra Recovery Center in South Lake Tahoe.

He asked to be reinstated to probation because his mother was very ill and he was being paid $400 a month to provide her care.

At that point, his probation officer told District Judge Michael Gibbons that "Anderson was a pathological liar and he wouldn't believe anything he said."

Gibbons said he was concerned because Anderson hadn't made any payments on court-ordered restitution. He has told probation officials to set revocation hearings when defendants become two months behind on their payments.

A 42-year-old Gardnerville woman was granted an alcohol diversion program Monday and warned it would be difficult.

"You have to be clean for at least three years," District Judge Michael Gibbons told Nikki Wilhelm. "You have to commit to it. There can be no alcohol in the home."

He gave Wilhelm permission to participate a diversion program which keeps felony drunk drivers out of prison if they meet certain criteria and successfully complete the program.

Wilhelm was arrested May 25 at 2:30 p.m. after she was spotted driving erratically on Highway 395 and stopped at Muller Lane. She has prior convictions in East Fork Justice Court in October 2002 and September 2006.

She didn't have blood test results as to her alcohol content, but her lawyer, Tod Young, told Gibbons she was confident it exceeded .08, the limit for driving in Nevada.

Officers said she was unable to stand without help at her arrest and couldn't complete any tests.

Gibbons said he had been hearing a custody case involving Wilhelm that dates six years and was due to her alcoholism.

"This wouldn't have gone on for six years if the alcoholism had been resolved," he said.

Wilhelm asked for the diversion program because she said she needs the supervision.

"You've amassed a pretty significant record between the DUIs and other charges," Gibbons said. "It's very disappointing to see you back here."

Wilhelm said she quit her job in a liquor store.

"I don't think it was a good place for me to work," she said.

A 20-year-old Carson City man who admitted trading stolen video games equipment and a power drill for heroin pleaded guilty Monday to grand larceny.

District Judge Michael Gibbons granted Timothy Newman's petition to enter Western Regional Drug Court.

"I want to straighten my life out and I think this would help me," Newman said.

He said all the items had been returned including a power drill that was pawned in Carson City.

Newman said he would be able to make restitution because he would be working for his stepfather, an electrician, while he looks for another job.

The victim told deputies she awoke April 26 in her Gardnerville Ranchos residence and discovered the items were missing. Some of the items turned up in the jail property of another man who was arrested on drug charges. She knew Williams through other acquaintances.

"This is a big chance for you. Take advantage of it and don't blow it," Gibbons said.

A 42-year-old Gardnerville man pleaded guilty Monday to attempted grand larceny in connection with the theft of thousands of dollars worth of "high end" golf equipment.

The District Attorney's Office agreed to recommend probation if Darrell Eddy has repaid the victim's $5,000 deductible insurance claim by sentencing July 21.

At issue is exactly how much Eddy took.

The owner reported $21,000 in equipment disappeared from his shop, but Eddy claims to have sold nearly $7,000 in six months, some of the items on the eBay Internet auction site.

Other equipment was returned to the victim.

Eddy said he wasn't working but "absolutely" would be able to make restitution because he cashed in his retirement fund from a previous employer.

He faces up to five years in prison and a $10,000 fine.


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