Fourth DUI draws lecture from judge | RecordCourier.com

Fourth DUI draws lecture from judge

Staff Reports

A Gardnerville man who tried to tell a judge he “just showed poor judgment” was sentenced Wednesday to 45 days house arrest after he pleaded guilty to a second offense of driving under the influence.

East Fork Judge Jim EnEarl suspended a 350-day sentence in Douglas County Jail and placed Robert Machado on house arrest.

Machado, 57, told the judge he has four convictions for driving under the influence dating to the 1980s.

Under Nevada law, three convictions within seven years mandate a prison sentence.

“You can’t get four DUIs and keep saying, ‘I showed poor judgment,'” EnEarl said. “That kind of makes you a serial drunk driver.”

Machado said he never had an accident or injured anyone.

“I’d be in the penitentiary if I were that dangerous,” Machado said. “I tend to screw up every four or five years. It’s a cyclical thing.”

As part of his probation, EnEarl told Machado he can’t drink alcohol for a year or drive. He is subject to random search and seizure for alcohol. He was fined $942.

“I am willing to take a risk, but that’s as far as I am willing to go,” EnEarl said. “If you drink, you’re telling me you are completely out of control. Then my focus is on the safety of the community.”

Machado was arrested with a blood-alcohol content of .20, more than twice the legal limit of .08 for driving in Nevada.

n A 28-year-old Carson City man, accused of “Dumpster diving” to cash in discarded receipts at Borders book store, pleaded guilty to two misdemeanor counts of petty theft.

Judge Jim EnEarl sentenced Christopher David Earle to a suspended six-month sentence in Douglas County Jail and ordered him to stay out of the store.

Earle’s lawyer, Tod Young, said his client had no criminal history and was “down on his luck.”

“This wasn’t a well-thought out plan,” Young said. “Mr. Earle lost his job. This was not about drugs or alcohol. He recognizes he did wrong. He took some money that didn’t belong to him. He is not a high-level residential burglar.”

Earle found a discarded receipt for a set of headphones that he managed to exchange for $21.32 at the bookstore.

He was arrested Jan. 7 and charged with several offenses which were dismissed or amended to the two misdemeanors. A friend offered to pay the restitution.

Prosecutor Kris Brown said Earle was caught on videotape “Dumpster diving” near Borders.

EnEarl sentenced the defendant to 180 days in jail, suspended except for 20 days, and gave him credit for time served. He is on probation for a year.

Earle is subject to random search and seizure for stolen property, alcohol and controlled substances.

n A 52-year-old woman who said she had never been in trouble before pleaded guilty Wednesday to misdemeanor embezzlement.

Susan Lynn Monroe, a former cashier at Home Depot, was arrested Jan. 14 after she was observed on videotape making fictitious merchandise returns and pulling cash register receipts from trash cans.

She was sentenced to 180 days in Douglas County Jail, with 175 days suspended, and ordered to stay out of Home Depot. She also was ordered to pay $304.11 restitution which she said would come out of her final paycheck from the store.

“I am actually a very good Christian woman, believe it or not,” Monroe told Judge Jim EnEarl. “I have never been in trouble before. I don’t do drugs, alcohol, smoke or anything.”

Monroe said she moved to Minden from Maryland to open a consignment store which went out of business. She became ill with pneumonia and had financial difficulties.

EnEarl placed her on probation for one year.