Delayed sentencing for drug defendant | RecordCourier.com

Delayed sentencing for drug defendant

by Sheila Gardner
sgardner@recordgardner.com

Sentencing was delayed for one year for a 23-year-old Gardnerville man while he participates in Western Nevada Regional Drug Court.

District Judge Dave Gamble told Joshua Swanick on Tuesday that drug court was his best tool for people who want to change.

“I’ve used my very best weapon,” Gamble said. “After that, it’s prison.”

Swanick and Nicholas Brumblay were arrested in August in connection with marijuana sales.

“If I put you on probation, you’ve got a felony,” Gamble said.

“If I defer sentencing, and you complete drug court successfully, there will no felony. Tell my why I should do that.”

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Swanick said as a little boy he had set goals for himself.

He said since he’s been sober, it’s the best he’s felt in years and he had lots of energy to pursue his dream of owning a business in the culinary field.

He told Gamble he attended individual counseling twice a week and a weekly group session.

Swanick pleaded guilty to conspiracy to violate the Uniform Controlled Substances Act.

Investigators arrested Swanick and co-defendant Nicholas Brumblay, 28, in October after a two-month investigation by the Street Enforcement Team.

They reportedly purchased more than 113 grams of marijuana from Swanick in five sales transactions. Brumblay was accused of supplying the marijuana.

Swanick’s lawyer Kris Brown said her client was purchasing marijuana for a friend and he wasn’t marketing for any group.

“This was a friend of his asking, ‘can you get me drugs?'” Brown said.

She said Swanick realized he was in over his head.

“From the beginning, he’s been pro-active in getting counseling and dealing with the issues,” she said.

The benefit to Swanick from the transactions was to support his habit, she said. He has no prior criminal history, according to Brown.

“He has a commitment to drug court and the wherewithal to pay for it. His crime was motivated solely to feed his own addiction,” Brown said.

Gamble ordered Swanick to appear Jan. 19, 2012, for sentencing.

In addition to drug court, he is to attend a minimum of two Narcotics Anonymous meetings a month and pay $340 restitution.

Brumblay is to appear Feb. 1 for a continued arraignment on the same charge.