Man involved in Five Guys theft granted probation |

Man involved in Five Guys theft granted probation

by Rachel Spacek

Judge Tod Young said he had every intention of sending a Dayton man to prison on burglary charges, but instead granted him a suspended sentence.

Charles D. Muscott, 37, was arrested on burglary and theft charges in March following a burglary at Five Guys on Topsy Lane.

According to reports, Muscott entered a back room of the restaurant and tried to open a safe hidden under a desk in the room. Muscott was caught on surveillance video trying to open the safe. He tried multiple times and after he could not get it open, he reached into a purse hanging nearby and stole a wallet.

Muscott failed to appear at his last court date and told Young that one of the reasons he missed his hearing was because his car had been set on fire causing him to lose housing and other valuable possessions.

An inventory of Lindauer’s vehicle found a container of marijuana and paraphernalia, a large plastic bag with a green leafy substance believed to be marijuana and two “buds” of marijuana. In total there was 1.30 pounds of marijuana.

Recommended Stories For You

Matthew Ence, Muscott's attorney, recommended to Young that he have his sentence suspended and be given the ability to enter a treatment program. Muscott told the judge that he was planning on attending the Salvation Army treatment program because he believed the program already had a bed available to him and he could enter it as soon as he was out of custody.

Prosecutor Eric Levin also recommended Muscott be granted a suspended sentence due to his substance abuse issues. Levin recommended a suspended sentence of 72 months saying that if Muscott fails out of a program and commits another crime it would put the community at risk.

Young granted Muscott a 40-month suspended sentence with conditions that he enter a program and after the program is complete, he maintain full-time employment.

A South Lake Tahoe man admitted to three counts of battery on an officer and is facing up to three years in prison.

Michael A. Lindauer, 31, was arrested last year on four charges of battery on an officer, coercion, resisting a public officer, possession of marijuana, possession of paraphernalia and burglary. Lindauer was involved in an altercation with deputies, causing significant injuries to three of the officers.

On Feb. 15, 2016,deputies responded to a call for backup to the 1500 block of Highway 395 at Sierra Motel in Gardnerville. On scene deputies were attempting to detain Lindauer on the ground in the parking lot. Prior to the arrival of the deputies, Lindauer was attempting to retrieve $20 from the Sierra Motel manager, but was unwilling to complete the necessary form. He became hostile toward the manager.

The manager then called 911 and as he was on the phone Lindauer reached across the counter and hung up the phone. Lindauer left the office and returned a few minutes later while the manager was on the phone with 911 again. Lindauer then attempted to grab a cash box from behind the counter.

Lindauer moved into the parking lot when deputies arrived. According to reports, one deputy was attempting to place him under arrest when he tried to run into the street. Two deputies grabbed Lindauer and again attempted to place him under arrest. He began to punch and kick the two deputies. A sergeant got involved in the fight and Lindauer began to kick and punch her. Another deputy arrived to assist and Lindauer continued to fight with all four deputies and spit blood on two of them.

Deputies eventually handcuffed Lindauer, however they needed to move his hands behind his back. A deputy warned Lindauer that if he resisted or moved his hands, he would get tased. When deputies removed the handcuffs, Lindauer tensed up and moved his hands away, he was tased on the upper left of his back. He was then placed under arrest.

An inventory of Lindauer's vehicle found a container of marijuana and paraphernalia, a large plastic bag with a green leafy substance believed to be marijuana and two "buds" of marijuana. In total there was 1.30 pounds of marijuana.

Lindauer was previously set for a trial, but changed his plea to guilty in court on Tuesday. Sgt. Bernadette Smith testified about her injuries in court. She said she had to undergo surgery and was on crutches. She also underwent weeks of physical therapy and was given disability.

Young told Lindauer that fighting with officers is a violent crime and he will not hesitate to sentence him to three years in prison if he is caught fighting with officers again.

Lindauer will be sentenced May 22.