Man sentenced to DUI Court |

Man sentenced to DUI Court

Visiting Judge Bill Maddox said he would sentence a man who admitted to felony driving under the influence to six years in prison if it were up to him.

Carson City resident Jake Gilman, 24, was arrested Dec. 5, 2018, while he also happened to be on supervision for his second DUI. He was arrested again in March for driving on a revoked license.

“You have a real problem with alcohol,” Maddox said. “You’ve got one foot in the grave and one on a banana peel.”

Maddox granted diversion despite prosecutors request he be sent to prison.

Defense attorney Matthew Ence pointed out that there wasn’t any harm in letting Gilman go to DUI Court, where there is zero tolerance for backsliding.

“You could impose a prison sentence and he would come out in a year or so and not learned much of anything,” Ence said.

Maddox agreed.

“The specialty courts are more effective than incarceration and cost less money,” he said.

A man facing sentencing for felony DUI on Monday got a reprieve when a prosecutor discovered he didn’t actually have three violations in seven years.

Anthony C. Cervantes, 56, has been in custody since he admitted drinking alcohol while out on bail on March 18.

Cervantes was seeking diversion in the case.

Prosecutor Erik Levin said that Cervantes’ initial DUI did not include a probation, so that it didn’t fall within the seven years.

Cervantes was arrested Nov. 11, 2018, in Dresslerville. His first DUI was in 2010 and he was given a jail term.

In Nevada a third DUI in seven years is punishable by 1-6 years in prison. A second DUI is a misdemeanor punishable by up to 10 days in jail.

District Judge Tom Gregory remanded the case to East Fork Justice Court.

Cervantes was allowed to withdraw his plea to the felony charge.

A Gardnerville Ranchos man accused of lewdness with a minor who has been in jail for more than a year was found competent to proceed on Tuesday and ordered to East Fork Justice Court.

Jayson Kagan, 20, has been in custody since March 1, 2018, after he was arrested in connection with an incident allegedly involving a 5-year-old.

This was the second time he has been found competent to assist in his defense.

A Placerville man who kicked deputies during a drunken hotel room brawl admitted to a count of battery on an officer on Monday.

Garrett Straight, 22, said he was drunk when the March 25 altercation occurred that led to his arrest.

Straight pleaded guilty to a gross misdemeanor and faces up to 364 days in jail and a $2,000 fine.

Straight has been in custody since the fight at the Mont Bleu in Stateline.

Attorney Melissa Rosenthal asked Monday for an expedited sentencing date, which District Judge Tom Gregory set for May 13.

A man’s probation has been modified to remove mental health court as a condition of his sentence in a 2017 road rage that resulted in his ramming a woman’s car with her child inside.

Justin A. Moore, 45, received two suspended 2-5-year prison sentences for felony assault with a deadly weapon and willful injury to property.

He spent six months in jail after his April 16 sentencing. He was originally ordered to participate in veterans court and then mental health court in Carson City.

District Judge Tom Gregory agreed with attorneys that Moore’s psychologist is the best person to determine his medication.

He also owes on the $1,415 restitution and fees he was ordered to pay.

An elderly man suffering from Parkinson’s Disease was sentenced to a suspended 12-30-month prison term for failing to register as a sex offender.

Gary Joe Cook, 66, pleaded guilty on Tuesday after admitting he failed to register.

The charge carries up to four years in prison. Cook is a level 3 sex offender who was convicted of lewdness with a child under the age of 14 in 1985.

A man was ordered Tuesday to pay $300 a month child support or face up to five years in prison.

Jeremy L. McAlpin admitted he owed more than $10,000 in child support.

His sentence is deferred on the condition he make the payments over the next five years.

Should he comply, his guilty plea to the felony can be withdrawn.