Man faces prison in bicycle caper
A California man who used a false credit card to obtain $3,834 in bicycle equipment from a Gardnerville shop last year admitted to felony burglary on Tuesday.
Scott Michael Westman, 45, faces 2-5 years in prison under a plea deal worked out with prosecutors.
The maximum penalty for burglary is up to 10 years in prison and a $10,000 fine.
Because Westman admitted he’d been convicted of a prior burglary he is not eligible for probation under Nevada law.
Under the deal, he was released on his own recognizance to answer charges in Carson City where a $25,000 warrant has been issued for his arrest.
Attorney Matthew Ence said Westman faces two felonies and a gross misdemeanor in the capital.
Westman was ordered to return for a Jan. 30, 2015, review hearing, and then for sentencing on Feb. 10, 2015.
Under the agreement, his prison sentence would run at the same time as any prison sentence he receives on the Carson charges.
■ One of the first participants in a diversion program designed to keep repeat drunken driving offenders out of prison was sentenced to 2-5 years Tuesday for a subsequent felony DUI.
Gardnerville Ranchos resident Denny Brooks Green, 54, was arrested at 2:17 a.m. March 6 on Tillman Lane.
His preliminary blood alcohol content was .126, over the legal limit of .08.
Green tried to ask for probation, but District Judge Tod Young made sure he understood that wasn’t a possibility under state law.
“Mr. Green is a very bright man who understood probation wasn’t a possibility when he entered his guilty plea,” defense attorney Derrick Lopez said.
However, State Parole and Probation forms offenders are asked to fill out for their pre-sentence investigation ask why the person should be eligible for probation.
Young acknowledged that the question is misleading in cases such as Green’s.
“Mr. Green is a very bright man with a very bad alcohol problem,” Young said in pronouncing sentence.
Green was given credit for 286 days time served.
Green was convicted of his first three DUIs between August 2006 and May 2007. Green participated in a DUI diversion program just months after the Nevada Legislature enacted the law.
■ A man who failed his probation on a 2012 felony theft charge was ordered to prison to serve his 12-32-month sentence on Tuesday.
Matthew James Ball, 20, told Young he didn’t want to participate in a regimental discipline program, but that he was ready to return to the Salvation Army program.
Ball stole $3,500 from a lockbox owned by his brother’s fiancé in June 2012.
He was sentenced in October 2012. He admitted probation violations from Oct. 20, 2014 and Aug. 29, 2013.
He told Young that both his parents died due to drug use, and that he’d decided to seek treatment.
“I know that I’m going into a program, because if I don’t, I’ll be like my mother and father, who both died because of drugs,” he said. “This is the only life I’ve ever known.”
Ball was given credit for 214 days time served, which means that he’ll reach minimum parole eligibility in five months.
■ A Carson City man admitted that he’d done $11,405 in damage to vehicles where his estranged wife is living.
Oswaldo Marical, 30, pleaded to tampering with a motor vehicle, a class C felony, and faces up to five years in prison and a $10,000 fine.
Under a plea negotiation, prosecutors will recommend probation in the case.
Defense attorney Jamie Henry told Young that the incidents started when Marical found out his wife wanted to divorce him.
Prosecutor Erik Levin said there were a half-dozen incidents between October 2013 and August 2014, and that Marical had violated a temporary protective order against him.
Young set sentencing for Feb. 10. The judge told Henry that she could seek a bail hearing if Marical made $25,000 bail.
■ A 19-year-old East Valley man received a suspended 18-60-month prison sentence for stealing a car in Gardnerville.
Dalton Forbes was ordered to serve five years probation after Young recited his rap sheet both before and after he was an adult.
Forbes was released on his own recognizance in the Oct. 6 theft, but on Dec. 8 was found in violation of his bail conditions and was taken into custody.
Forbes said he’d found a job that suited him as a ranch hand and that he’d removed the negative influences from his life.
Young said Forbes’ record and “the very casual way you stole this property netted you this sentence.”