Judge tells man he must take medicine
September 14, 2004
State probation officers will monitor prescription drug levels of a Minden man convicted of felony battery and theft with scheduled blood tests.
Christopher Diesner’s attorney told a judge Monday that her bi-polar client stopped taking his medication.
“I view this as a mental health issue,” said attorney Terri Roeser. “He takes his medication for a time, begins to feel well, stops the medication, and as soon at that happens, goes downhill.”
District Court Judge Michael Gibbons sentenced Diesner, 45, to five years of probation for battery with a deadly weapon and grand theft.
Douglas County Sheriff’s deputies arrested him June 23 on $50,000 cash-only bail for hitting his father in the back with a pipe after his parents asked him about some missing property.
Diesner’s mother, Beth Diesner-Gee, told the court at her son’s sentencing Monday she is still missing much of that property and hopes her son will return it.
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“You need to make (returning the missing items) of the highest priority,” Gibbons told the defendant.
Diesner-Gee said she didn’t want to see her son go to prison for the crime.
“We believe in Chris and if he has the right attitude to continue with his medications, we think he’ll be successful.”
She said the medication her son takes is expensive, but she has located a local agency that can help with the cost.
“He needs to continue with his medication,” his attorney said. “He can’t stop no matter how he feels.”
A Douglas County prosecutor’s recommendation for sentencing was similar to that from the Nevada Department of Parole and Probation. Prosecutor Derrick Lopez suggested Diesner receive probation but be put in jail for a year as part of that probation.
“He needs to know there is a consequence for his behavior,” he said. “So when he is released, he will decide it is in his best interest, as well as others, to stay on his medication.”
Lopez said Diesner was suicidal at the time of his arrest and even threatened suicide by cop and homicide.
Gibbons told state probation personnel to make the medication checks on Diesner as stringent as possible.
As part of his sentence, Diesner received 90 days in Douglas County jail with some 80 days credit for time served.
The district court judge suspended a five-year sentence for battery with minimum parole at two years, which is concurrent with a five-year sentence for theft with a minimum parole at one year, also suspended.
Diesner can be sentenced to those terms if his probation is ever revoked.
— Maggie O’Neill can be reached at mo’firstname.lastname@example.org or 782-5121, ext. 214.