Fallon man sentenced up to 6 years in prison
July 30, 2014
A 22-year-old Fallon man was sentenced Tuesday in District Court up to six years in prison after a domestic incident.
Michael Horstman received a 24-72 month sentence after pleading guilty to one count of abuse, neglect or endangerment of a child.
According to Churchill County Deputy District Attorney Michael Winn, Horstman was arrested earlier this year after he attacked his then-pregnant 16-year-old girlfriend. Horstman pulled her by the hair, put out a cigarette on her, choked and punched her in the face.
Winn told the court Horstman's criminal history is another reason he should be sent to prison. Winn said Horstman has been convicted of four previous felonies — each resulting in a prison sentence — and two misdemeanors.
In addition, Winn said the psychological report concluded Horstman was a high-risk to re-offend.
Horstman's attorney, Jacob Sommer, said his client should be granted a chance to seek treatment for a severe drug addiction. Sommer said Horstman's abuse of methamphetamine and crack-cocaine unleashes his violent behavior.
Sommer also noted his client's broken childhood as he spent years in foster care and suffers from post-traumatic stress disorder. Sommer also said his client's intelligence and cognitive skills are that of a 14 or 15 year old.
Judge Tom Stockard, though, said he could not allow Horstman to seek treatment outside prison due to language in the psychological report as per statute. Since Horstman is a four-time convicted felony (now five), Stockard levied the prison sentence and said Horstman can use the programs in prison instead.
"You can write your future any way you want," Stockard said. "How you come out of prison is you choice."
Horstman, though, told Stockard he wanted a chance to kick his addiction and provide for his 8-week old daughter.
Horstman was also sentenced to 180 days in the Churchill County Jail, which will run concurrent to the felony, on one count of injury to property.
In other court news —
Jesse Gilbert pleaded guilty Tuesday in District Court to one drug charge.
He faces one to five years in prison after pleading to one count of conspiracy to commit a felony crime under the Uniformed Controlled Substance Act.
Gilbert was arrested May 7 after he conspired to sell methamphetamine with Savannah Lund. Gilbert, who is eligible for probation, will appear for a status hearing on Oct. 7.