Gardnerville man headed to prison for third DUI
A Gardnerville man with five instances of driving under the influence on his record will spend at least the next year in prison.
Delaine Marshall, 46, had his DUI Court diversion program revoked and his underlying sentence for a felony third DUI imposed.
He was originally arrested Aug. 30, 2012, after rolling his vehicle at Kimmerling and Highway 88.
While paramedics were tending to the passenger and Marshall, he admitted to “having a few too many.”
Marshall was granted the opportunity in 2013 to work a diversion program to avoid prison, but had several violations, the latest involving not having a job.
“The state questioned his motivation about working a diversion program when we were first before your honor,” Deputy District Attorney Erik Levin said. “This just proves that not only is he a repeat offender, but he is also unsupervisable.”
Marshall was also fined $2,000, which he will begin paying immediately after his release.
He was given credit for 240 days of time served.
■ A Gardnerville man is denying four violent charges on Monday involving his wife and child.
Tristan Cassidy, 29, entered a not guilty plea to pointing a knife at his wife and 18-month-old son during an argument.
According to Cassidy’s lawyer, if a plea agreement cannot be reached by next week, a trial date will be set for the incident.
Cassidy was arrested Jan. 2 after deputies arrived at his home for a domestic call.
When deputies arrived Cassidy allegedly had a .079 blood alcohol content and had said he had an argument with his soon to be ex-wife about their divorce.
According to court documents, Cassidy is facing two counts of assault with a deadly weapon, battery the constitutes domestic violence committed by strangulation and child endangerment.
Cassidy was out of jail awaiting a hearing on a second instance of driving under the influence that allegedly occurred Nov. 13, 2015.
His bail remained at $50,000.
Cassidy will appear in district court Feb. 1 to face his charges, or set a date for trial.
■ A $10,000 cash or bail bench warrant was issued for a South Lake Tahoe man who failed to show up for his court date.
The phone number to contact John Stevens, 24, has been disconnected his lawyer said Monday.
Stevens was arrested Nov. 17, 2015, for trying to cash a fake check at Lakeside Inn’s casino cage.
Possession of counterfeit bills carries a 12-48 month sentence.
■ A man accused of taking 1,000 feet of copper last spring was given a chance at probation.
Ralph Hayes, 49, pleaded guilty to possession of a credit card without card holder’s permission Nov. 9, 2015.
Between the time of his plea and sentencing Hayes has been attending counseling, 12-step program meetings and has gotten a promotion at his job.
Hayes has also become to the sole care taker for his father.
He was sentenced to 19-48 months in prison that was suspended so Hayes could complete five years of probation.
Because of his lengthy criminal history, diversion was not an option.
As a condition of his probation Hayes was ordered to complete Western Regional Drug Court as well as pay $2,835.55 in restitution to Clear Creek Golf Course for the wire.
He was also ordered to pay $1,700 of the restitution that day.
“Today I stand in front of you with a little confidence,” Hayes said. “I am ready to live clean and sober. I don’t want to be a burden to this town, to this state or my family any longer. I am ready to stand up and be a man and I won’t let you down.”
Hayes was given credit for 32 days of time served.
■ A Gardnerville woman was praised once again for her diligence working her diversion program and was released from counseling.
Leah Danielson, 27, has been on diversion for a count of child endangerment since August 2015.
Her program included weekly counseling and random drug testing. A recent move to Reno has made getting to counseling and testing difficult, Danielson’s lawyer said.
Because of Danielson’s relocation, The Department of Alternative Sentencing was given leniency in her drug testing. She was also released from her court-ordered counseling.
Danielson was ordered to return to court for a review hearing Sept. 19.