Fallon man opts for Drug Court, not NSP
January 9, 2014
A Fallon man agreed Tuesday in District Court to attend boot camp for drug possession instead of going to prison.
Ryan Wesley McNally previously pleaded guilty to one count of possession of controlled substance.
McNally was arrested Dec. 15, 2012, for possessing meth, a sentence that carried one to four years in prison or probation.
Public Defender David Neidert said McNally has been sober for five months and has been looking for work. Neidert said McNally has five job prospects lined up.
Deputy District Attorney Michael Winn countered, saying McNally doesn't have a diploma or a GED.
"He has no structure. He's very transient," Winn said.
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According to Winn, McNally began attending classes at the New Frontier but left after two weeks.
Tenth Judicial District Court Judge Tom Stockard asked if drug court was a viable option.
Neidert said Washoe County runs an excellent program, prompting Stockard to tell Winn to find McNally an open slot for Drug Court in Fallon and then he could transfer to Reno.
Stockard sentenced McNally to 12-32 months in the Nevada State Prison but suspended the sentence so McNally can attend Drug Court. He received probation up to five years.
McNally's first Drug Court meeting is Jan. 22 and if accepted, Stockard reinforced the defendant he will be able to transfer to Washoe County.
In other court news —
The District Attorney's office did not oppose probation for Heidi DeSelms, who was looking at two felonies in sentencing for pleading guilty to one count of being under the influence of a controlled substance (meth).
Although she faced one to four years in prison, she was eligible for probation.
"We have no problem with probation or successfully completing treatment of Drug Court," Winn said.
DeSelms was reinstated to Drug Court in August after she was arrested for allegedly intimidating a witness regarding her husband's case, according to previous reports.
Stockard placed DeSelms on probation not to exceed three years. She is also subject to search and seizure, no alcohol, curfew as necessary, Drug Court and no contact with a specific individual.
DeSelms is the wife of Charles DeSelms, who pleaded guilty to three drug charges in October.
Debbie Ann French entered in a plea agreement to one count of conspiracy to commit burglary.
She is facing a $2,000 fine and a year in jail. Sentencing will be June 17.
Mary Banuelos also received probation.
She had previously pleaded guilty in District Court to a drug charge.
She entered the plea to one count of possession of a Schedule I or II controlled substance for purposes of sale. She had faced one to four years in prison.
Banuelos admitted to selling methamphetamine on Aug. 7.
Defense attorney Jacob Sommers said Banuelos spent December reconnecting with her grandchildren.
Stockard said she had a prior history of possessing drugs but many of those charges were "distant." He sentenced her to 19-48 months in the NSP but suspended the sentence; instead, she received an eight-year probation.
Banuelos will be subject to search and seizure, must attend a substance abuse program, can't possess alcohol or substances, cannot enter bars or casinos and is forbidden to gamble.
Danielle Marie Brown was sentenced to prison for attempting to commit grand larceny,
Winn said Brown should split the amount taken with her co-defendant.
"She has no regard for others and others' property," Winn said. "She is perfectly capable of employment but chooses not to."
Sommers, though, said Brown realizes she needs additional substance abuse treatment.
"Ms. Brown told me she was hired by Amazon and has transportation to Fernley," he said. "She has demonstrated to this court she wants to take responsibility. Ms. Brown will do whatever the court wants her to do."
Brown, though, received a prison sentence of 12-32 months. Stockard said he had considered probation, but "it was too little, too late."
The civil trial between former Churchill County Superintendent Carolyn Ross and the school district has been continued until October.
A pretrial motions hearing and settlement conference is scheduled for Sept. 23, while the trial is slated for Oct. 22-24.
Ross sued the district in 2012, citing breech of contract after her resignation in July 2012. The original trial date was this month.