Gardnerville shooter gets four months for probation violation |

Gardnerville shooter gets four months for probation violation

by Sarah Hauck

A Gardnerville man was ordered to serve four months in jail after admitting he had an addiction to prescription pills.

Bryce Askay, 24, was placed on probation for discharging a firearm at a structure early on March 25, 2012, after he was thrown out of Nevada Ugly.

When Askay was arrested Nov. 20 for a positive drug test, he was out on his own recognizance for another probation violation on Oct. 6.

The Oct. 6 violation was under review because of the high levels of opiates that his attorney, Maria Pence, said were too high even for a heavy drug user.

Askay admitted to using a controlled substance, specifically his prescribed Percocet.

He also admitted to not allowing his probation officer access to his phone, saying he forgot the pass code as well as having a substance commonly used to detoxify the body in a hidden compartment of his car.

Askay admitted that he had a drug problem and didn’t realize it until terms of his probation required him to stop taking his prescription.

He has been taking the painkillers since he was 13 after a BMX accident left him with chronic back pain.

“He took the Percocet knowing he was going to be tested for it and knew he’d be in trouble,” Pence said. “That’s an addiction.”

Askay’s probation was reinstated, with drug court added as a condition.

He was also ordered to serve four months in jail.

“He needs to be in custody for a substantial amount of time to stay away from the drugs,” Judge Michael Gibbons said.

Askay faces up to four years in prison if his probation is revoked.

A Minden man was complimented for completing more than two years of probation Monday.

John Bumgardner, 52, was arrested in Sept. 9, 2011, after rear ending a vehicle on Highway 395 in front of the post office and then leaving the scene.

When he was arrested at his home, his blood-alcohol content was .10.

He admitted guilt to leaving the scene of an accident, which caused substantial bodily harm in March 2011.

Bumgardner completed 60-days in jail, more than 100 hours of community service with positive reviews from all of the organizers, as well as probation.

“Looks like you have an early Christmas present,” Gibbons said.

A Gardnerville woman was ordered to enter and complete DUI court to avoid a felony third DUI charge.

Lisa Foster, 58, started DUI court Oct. 20 and said it has been a positive experience so far.

“I feel I’m on the right track and the diversion court is really helping,” Foster said.

Foster was on supervision for a DUI in East Fork Justice court when she was arrested on Kingbury Sept. 23.

She was ordered to serve 30 days in jail for that DUI and has served 13 days of that sentence. She is to appear in justice court today to finalize that case.

If Foster does not complete DUI court, the charge will be treated as a felony, which carries a mandatory prison sentence of 12-30 months and up to a $5,000 fine.

Her sentence was deferred for 3-5 years.

She was also ordered to six months of house arrest, to have an interlock device installed in her car and not to drive unless given permission by the DUI court.

“Every morning when you get out of bed you have to reaffirm that you’re going to stay clean and sober. It’s an addiction and addictions are hard to control,” Gibbons said.

A Ruhenstroth man admitted to driving under the influence for a third time on Nov. 10.

Scott Johnstone, 43, was arrested after deputies pulled him over for having an expired registration.

Johnstone failed field sobriety tests and had a blood-alcohol level of .134.

He has two prior DUI convictions, each falling within the seven-year statue for DUI third.

His convictions were Dec. 12, 2012 in East Fork Justice Court and May 2, 2013, in Alpine County, Calif.

Johnstone faces 1-3 years and up to a $5,000 fine.

He is to remain in custody until his February 3, 2015 sentencing date.