Diverison granted for man who stole from family
January 25, 2011
A 26-year-old Carson City man who stole from family members to support a heroin habit was granted deferred sentencing Tuesday and warned he would go to prison for up to three years if he reoffends.
District Judge Dave Gamble told Timothy Jenkins he didn’t deserve “further grace,” but the judge wanted to give him an opportunity to avoid a felony conviction at such a young age.
Jenkins pleaded guilty to grand larceny, admitting he stole jewelry and other items from family members valued at $27,000.
Some of the items were recovered, and Jenkins was ordered to pay $16,000 restitution. He brought a $4,000 check to court Tuesday.
Gamble placed Jenkins on probation for three years.
“There is nothing good in what you have done, only bad. There is no reason for you to receive further grace. You’ve committed enough felonies to be sent to prison for the rest of your life,” Gamble said.
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Lawyer Derrick Lopez said his client regretted what he had done, especially destroying his relationship with his father which Jenkins hoped to restore.
“He knows he has to be sober. He is enrolled in school, attending counseling. He tested clean at least 20 times. He is serious about making it right,” Lopez said.
He said Jenkins had failed one attempt at diversion, but the Legislature took that into account in creating the legislation.
“When you see a situation like this – when he’s ready to work on the potential and not be the person he’s been – it’s an ideal time to apply diversion,” Lopez said.
Prosecutor Erik Levin said Jenkins had stolen from his family before and expressed remorse and regret.
“He’s been unsuccessful in the military, in boot camp, he reoffended, diversion failed, he’s done six months in jail. There are some cases where diversion is not warranted,” Levin said.
Levin said the real damage was in Jenkins’ relationship with his family.
“He deserves punishment as well. The impact goes well beyond the financial. I think Mr. Jenkins had all the chances he deserves,” Levin said.
He agreed to a suspended sentence, but asked that Jenkins serve 90 days in Douglas County Jail as a term of probation.
Jenkins asked Gamble if he could apologize to his family.
Turning to face his father, Jenkins said, “No matter what happens, I’m really sorry.”
Gamble said he originally intended to sentence Jenkins for the felony and order him to serve 90 days in jail.
“I am surprised how well you’ve done,” Gamble said. “I am trusting against all evidence to the contrary that this is different. You owe much more than money to your family.”
Gamble ordered Jenkins to stay away from his family unless they initiate contact.
He agreed to the diversion program and told Jenkins he must maintain full-time education or employment.
“When you walk out of here, you need to know you’ve been given a gift,” Gamble said.