Fallon man pleads guilty to assault with deadly weapon
January 14, 2014
A Fallon man pleaded guilty Tuesday in District Court after an incident where two people were nearly stabbed.
Tahkoah Nez Smith, 21, entered the plea to one count of attempt to commit assault with a deadly weapon to avoid more severe charges after he attempted to stab a man and woman at an apartment complex on Dec. 27.
According to Churchill County Deputy District Attorney Sean Alexander, Smith approached the man, who's name was not disclosed in court, outside of the complex and asked to see his identification. When the man produced the ID, which was attached to a line on his pants, Smith swiped at the man with a 4-5-inch blade and cut the line.
After, Smith went inside the residence and attempted to slice Sara Trumpower, although she managed to block the attempt.
Alexander said Smith initially gave Trumpower his 1-year-old child just before initiating the attack. In addition, police discovered Smith possessed methocarbamol, a muscle relaxer, and did not have a prescription.
Smith will be allowed to enter an inpatient treatment facility once a date opens before the sentencing hearing.
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The charge, however, carries a sentence of one to five years and a $10,000 fine. Smith, though, is eligible for probation. He will be sentenced March 25.
In other court news —
Arthur Burton received a suspended sentenced Tuesday in District Court.
Burton received a sentence of 19-48 months in prison, but was placed on probation for up to five years for one count of possession of Schedule I or II controlled substance.
Juan Guadalupe Leyva did not appear for his hearing alleging violations of Court Services.
A no bail bench warrant was issued. According to Churchill County Chief DA Lane Mills, Leyva failed to check in and failed a drug test with Court Services in the past week.
Leyva was contacted by Court Services on Monday and Tuesday and told of his hearing, but he did not show.
Guillermo Cortes pleaded guilty to one count of driving under the influence with a prior felony conviction for DUI.
He was arrested Jan. 4 and is currently participating in the DUI Diversion Program for a prior DUI. His attorney, Dave Neidert, said his client is expected to be removed from the program next week.
As a result of the two DUI's, Neidert said both sentences must run consecutive and Cortes will serve at least three years in prison. The DUI with a prior felony DUI charge carries a sentence of two to 15 years in prison.
Judge Tom Stockard, however, recused himself from further proceedings due to a conflict of interest. Stockard prosecuted Cortes' last DUI.
Stockard, though, set a tentative sentencing hearing for March 25.