Lack of evaluation delays another sentencing

Richard Dow

Richard Dow


Sentencing was delayed for a felony drunken driving offender because no substance abuse evaluation had been done.

Richard Duane Dow, 61, is facing a mandatory prison sentence after he was convicted by a jury of driving under the influence.

Because he had a prior felony, Dow faces 2-15 years in prison and a minimum $2,000 fine. This would be the second time Dow has served a prison term for driving under the influence.

Unlike last week, when a sentencing for driving under the influence with death was delayed, there weren’t victims in the courtroom to offer statements.

Kathryn Wenger’s sentencing to prison was delayed until after Thanksgiving in order to provide time for an evaluation to be completed.

District Judge Tom Gregory said he has had a case come back for re-sentencing because Douglas wasn’t requiring substance abuse evaluations for subsequent felony sentencings.

Because the evaluation goes with the convicted person to prison, it could be used in determining programs or parole status.

Gregory said the requirement for an evaluation appears to have been in the statute for 14 years, though it has only recently come to judge’s attention.

“This surprise more people than just you,” he told Dow’s attorney John E. Oakes. “But it’s the law and we’re going to follow it.”

He ordered Oakes to arrange for the evaluation before Dow is scheduled to be sentenced on Dec. 6.

• A Gardnerville woman who admitted to a drug transaction was granted probation on Monday.

Mariah Lanai Kizer, 41, received a suspended 12-30-month prison sentence in connection with a Feb. 25, 2020, drug transaction.

Under the conditions of her probation, she was ordered to pay a $88 fee, which was the only condition for an honorable discharge.

• A $2,500 warrant was issued for a Winnemucca man who failed to appear in court for a second time.

Johnathan Donald Schmidt said he was ill for a Sept. 27 court date. On Monday, his attorney showed the court a note that his girlfriend was having a baby.

Schmidt was arrested May 6 on charges of possession of a credit card without the owners consent and methamphetamine.

• An ex-felon who was arrested with a firearm in Aug. 14, 2020, admitted the charge on Monday.

William Benton Hiser, 38, was convicted of two felonies in Arizona in 2004, according to court documents.

Hiser was arrested on Saturday on warrants in connection with the case.

He faces 1-6 years in prison and a $5,000 fine after he entered a guilty plea.

• A South Lake Tahoe man faces revocation of his probation after he allegedly absconded from probation.

Steven Gregory Hurd, 62, was sentenced in April after he admitted he had methamphetamine at Stateline on Jan. 9, 2020.

He is facing a charge of driving under the influence at Lake Tahoe and is being held without bail pending resolution of the violation next week.

Nevada Parole and Probation is accusing Hurd of absconding on probation and of being in possession of methamphetamine.

Should his probation be revoked, Hurd faces a 19-48-month prison sentence.


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