12-year-old admits to unlawful use of controlled substance
The following actions took place Dec. 22 before District Judge Michael Gibbons, Department Two.
n Juvenile cases.
n Sarah Erwin, 12, admitted unlawful use of a controlled substance and two counts of possession. The 7th grader told District Judge Michael Gibbons that she used marijuana on Nov. 20 and Dec. 9. She said she had two 10-day suspensions from school and was facing an expulsion hearing.
Her father told Gibbons that he was hoping to keep his daughter in school, but would arrange for home schooling if she is expelled.
Gibbons set disposition of the case for Jan. 5.
n Daniel Chaney, 15, received a suspended commitment to the youth training facility at Elko and was placed on house arrest until the school year ends in June.
District Judge Michael Gibbons decided not to send Chaney to China Spring Youth Camp, but warned the teen-ager that this is his last chance.
Chaney originally admitted participating in burglaries in the Gardnerville Ranchos, violating his probation and unlawful use of controlled substance and possession of drug paraphernalia. Gibbons placed Chaney back on indefinite formal probation.
“I’m not sure why it hasn’t sunk in yet,” said Gibbons. “I thought I made it pretty clear when you were here the first time how serious this is.”
Chaney apologized to the court.
“I am very sorry,” Chaney said. “I realize how close I am to going to China Spring. I think I can control my drug problem. I’m going to tell my friends I’m not going to do it. If I need to, I’ll change my friends.”
Gibbons ordered Chaney to remain at the Carson City juvenile detention center until Wednesday morning, making a total of 19 days that he’s been confined. He also ordered the boy to undergo outpatient treatment for substance abuse.
Chaney’s driver’s license will be delayed for 90 days and he must pay additional fees.
n The following actions took place Dec. 23 before District Judge Dave Gamble, Department One.
n Gets probation. James Delima Jr. of Topaz Ranch Estates was placed on five years probation Tuesday after he admitted possession of a of controlled substance.
“I feel like I’m whistling in the wind,” said District Judge Dave Gamble, frustrated by his inability to sentence Delima to any harsher punishment.
“This is a classic problem,” Gamble said. “You have three felony convictions, four misdemeanors, five jail terms and one prison term and I’m putting you on probation. I wish the court reporter could write down ‘laughter,’ because that’s what I feel like. The system is doing you no good.”
Nevada statute mandates that Delima only be sentenced to probation for his offense. Gamble suspended a maximum of 48 months in Nevada State Prison with a minimum of 12 months served before Delima would be eligible for parole.
The prison sentence will be invoked if Delima violates terms of his probation which include no alcohol or controlled substance for the five years; random search and seizure for drugs, alcohol and stolen property; full-time employment; substance abuse treatment and evaluation; and twice weekly attendance at a 12-step self program.
Gamble also ordered Delima to perform 80 hours of community service, “unless the Supreme Court thinks that would be too wearing on Mr. Delima.”
Delima is to pay $300 to the county for attorney’s fees.
“You have the opportunity to stop using crank,” Gamble said. “If you don’t, you’ll end up back here and I’ll send you to prison for a year.”
n Warrant issued. District Judge Dave Gamble issued a bench warrant with $5,000 bail for 29-year-old Jenifer Jackson who failed to show up twice for arraignment on bad check charges.
Jackson, of Sacramento, is charged with attempted uttering of a forged instrument. She is accused of trying to open a bank account with a stolen check. If convicted, she faces one to five years in Nevada State Prison and up to a $10,000 fine or both.
n Admits violations. A 27-year-old Arizona man pleaded guilty Tuesday to several probation violations, including leaving Nevada without permission.
David Fessler told District Judge Dave Gamble he left the state because he was drinking again.
“I left the state to go to Arizona because I was down to ‘nowhere street’ here in Nevada. I was getting into drinking again,” he said. “In Arizona, I haven’t gambled for 4-1/2 years and I may only have an occasional beer on the weekend.”
He also said he had a job as a pipefitter which paid well.
Fessler admitted that he failed to pay $4,102 restitution or attend counseling. He was placed on probation for forgery in October 1993. He faces a two-year sentence in Nevada State Prison if his probation is revoked.
Gamble set Jan. 6 for disposition. Fessler is in Douglas County Jail.
n Juvenile cases.
n Rocky Reed, 15, was ordered to China Spring Youth Camp after he admitted running away from a youth facility in Anchorage, Alaska.
“What were you thinking?” asked District Judge Dave Gamble.
Reed told the judge that he and his companions tried to steal a van to drive across Alaska and Canada to the lower 48 states, but the van wouldn’t start. Reed admitted taking two knives for protection in case they had to hitchhike.
“Were you planning to walk across 1,000 miles in December?” Gamble asked. “Did you spend a lot of time thinking about those two borders.”
Reed’s stepfather told the judge that the teen-ager has run away five times in the last seven months and that he was concerned because China Spring isn’t fenced.
“If he runs away from here, then I’ll send him to Elko,” said Gamble. “If he runs away from Elko, then he’s heading for prison where they do have fences.”
Gamble told Reed that he hoped the boy would take advantage of the program at China Spring.
“My hope is that China Spring will be something different for you,” Gamble said. “The program has the ability to help you change if you’re willing. Only you can decide if you are willing to benefit. I don’t want you locked up. I want you different.”
n District Judge Dave Gamble set disposition for Jan. 13 for Erin Paulson, 14, who admitted several offenses in violation of her probation.
Gamble ordered her to read a book and complete a book report prior to her next court date and sternly advised her “to stop acting like you are 22.”
Paulson admitted using marijuana, violating her curfew and failing to participate in a court awareness program.
She admitted spending the night at a friend’s apartment with her former boyfriend and another teen-age couple.
“I’m going to insist that you change,” Gamble said. “If I can’t change you, then I am going to send you someplace where you will change.”