California woman awaits prison sentence |

California woman awaits prison sentence

by Sarah Hauck

A California woman admitted to having more than four grams of methamphetamine in her possession during a traffic stop.

Tiffany Benton, 43, was arrested Oct. 4 when deputies pulled a vehicle over for a broken tail light.

Benton admitted she was on probation to the deputies as well as to having a scale, methamphetamine and a pipe in her pants.

She admitted to trafficking in a controlled substance.

Probation is not an option for Benton.

She faces up to six years in prison and up to $50,000 in fines if found guilty at her Feb. 9 sentencing.

A Gardnerville man had his request for release on bail denied for a second time, after two positive drug tests on his last release.

Scott Haines, 44, was removed from Western Regional DUI Court and now faces sentencing on a felony.

Haines is hoping he gets another chance at DUI diversion, which would keep him from being convicted of a felony.

In Nevada three convictions of driving under the influence in seven years is a felony. However, a diversion program exists that allows third DUI offenders to participate in a 3-5 year treatment program and have the felony reduced to a misdemeanor. Haines was arrested for third DUI on April 11 in Gardnerville.

He was allowed to participate in the program in May.

His attorney, Jamie Henry, said he’d had two surgeries, which resulted in painkillers being prescribed for him, which were the culprit for the positive drug tests.

Henry explained that Haines knew taking a prescription pill from a friend to ease his pain was wrong, but needed the relief.

“He’s been doing really well. He’s had no alcohol related violations, hasn’t tried to drive, has been attending meeting three times a week and has applied at Walmart,” Henry said.

His sentencing is Jan. 12

A Topaz Ranch Estates woman accused of absconding with her children in violation of a custody order was asked to cooperate in gathering information for her trial set for the first of the year.

Kathryn Moore, 45, was ordered to have a competency evaluation done as well as mental evaluation done in order to determine if she is able to help her attorney, Kris Brown, during the legal proceedings.

Communication between the two has been an issue as well, causing Moore to do much of her own research on her case.

Moore pleaded not guilty to child concealment or removal after she failed to bring her 5-year-old daughter and 2-year-old son for a court-ordered visitation with their father in November 2013.

Moore and the children were found safe in January at a relative’s home in Colville, Wash., after a nationwide warrant was issued for child concealment.

The children have been returned to their father.

The four-day trial is scheduled to begin Jan. 6, 2015, but may need to be continued to ensure Moore completes all of the necessary mental evaluations.

Moore assured the court that she would be helpful in getting the evaluations done.

A Carson City man was released on his own recognizance and given a conditional admission to Western Regional Drug Court.

Woodrow Askin, 36, was arrested Nov. 16 for possession of a controlled substance.

According to police documents, Askin failed to stop at a stop sign completely, or use his turn signal at the corner of Douglas Avenue and Cemetery.

Because Askin was already on probation deputies searched the vehicle finding both prescription pills and marijuana.

Askin has another case that will need to be resolved before sentencing on this case can be imposed.

He was released to attend drug court until his Dec. 29 sentencing.

A Gardnerville man had a payment schedule set up to pay restitution for his part in a 2011 embezzlement case.

Donald Fuller, 31, was ordered to make his first payment of $100 on Jan. 2, 2015, towards the debt.

Fuller was arrested in June 2013 for accepting and cashing embezzled checks totaling $20,000.

Fuller was placed on probation, but failed to comply with several stipulations, mainly paying the total of $20,377 in restitution.

He was released from jail Monday evening.

Fuller’s codefendant, Marlo Weatherbee, has been making regular monthly payments since August, lowering the restitution total to $19,777.

Fuller’s portion of the restitution will be increased to $200 a month in April after he explained to the court that he has employment lined up upon his release.

“I’m working on opening my own auto detailing business, but until then I’ve got a friend who owns a plumbing business that I can work with,” Fuller said.

He will appear again on June 1, 2015 for another review hearing.

A former Gardnerville man convicted in 2010 for forgery and theft was commended for his good efforts on probation.

Charles Matthews, 48, has been making his monthly restitution payments on the $4,336.13, he received in the form of checks from the former manager of the Village Motel.

Public defender Derrick Lopez said that Matthews was late on one month’s restitution payments, but doubled up on two different occasions to keep his account current.

Matthews paid the $50 he owed Monday.

Two Wellington brothers were placed on probation for their involvement in selling heroin.

Spencer and Trenton Rauber, 28 and 23, were arrested Feb. 20 after selling balloons of heroin containing more than 6 ounces on Oct. 5, 2013, and Feb. 20.

Spencer admitted guilt to conspiracy to violate the Uniform Controlled Substance Act and trafficking in a controlled substance Oct. 6.

Trenton admitted guilt to two counts of sale of a controlled substance the same day.

Trenton admitted to picking up money and drugs and then delivering them, on both instances.

Spencer admitted to being along for the ride and being aware of what was going on.

Both brothers apologized to the court, their parents and their parents for their actions.

They both were sentenced to 14-36 months on both of their respective charges, to run concurrently, suspended so they could complete no more than five years of probation.

Both were ordered to complete an outpatient program, a 12-step program and find a sponsor.

Trenton must attend meetings at least twice a week, Spencer once a week.

Both attorneys informed the court that the men are actively seeking employment, but had yet to secure a job.

Their ultimate goal is to start a construction company together to be self-sufficient.

Until they have jobs they are to complete a minimum of 10 hours a week of community service, completing a total of 100 hours before the end of six months.

“I want you to be productive and active within the community,” Judge Michael Gibbons said. “Not only will it help others, but it helps you because you’re in a working environment.”

Restitution will be determined by the district attorney’s office so payment plans could be determined.