Topless thief gets jail, set for DUI court |

Topless thief gets jail, set for DUI court

Nevada Appeal News Service

MINDEN – A charge of indecent exposure is to be dismissed against a 41-year-old Gardnerville woman who allegedly stole a bottle of wine while she was drunk and topless.

In exchange for Brandi Smith’s guilty plea to her third charge of driving under the influence, all other charges will be dropped including burglary and indecent exposure.

She is to appear June 28 before District Judge Michael Gibbons.

East Fork Justice Jim EnEarl imposed 170 days of a suspended sentence for probation violation stemming from an incident in November when Smith stole beer from a convenience store.

“You’re going to spend some time downstairs (jail),” EnEarl said.

He told Smith she could request placement as an inmate in an in-patient treatment program the last 30 days of her sentence.

“Let’s start getting this straightened out,” EnEarl said.

She is to request placement in the DUI diversion court when she appears before Gibbons.

Prosecutors said they would not oppose the diversion as long as she also participates in mental health court in Carson City.

Smith said bouts of depression probably triggered her behavior on May 10 when she reportedly walked into Scolari’s topless, stole a $20 bottle of wine, and walked out. The incident was caught on the store’s security tape.

Smith left the store, got back into a Corvette and headed toward the nearby Burger King where she stopped by the entrance to the drive-through with a tire over the curb and in the landscape.

An off-duty sheriff’s deputy caught up with the suspect, removed the keys from the ignition, recovered the wine and held the driver’s door closed to keep her in the vehicle until deputies arrived.

A preliminary test indicated a breath-alcohol content of .144, nearly twice the legal limit.

Smith reportedly has two prior convictions of driving under the influence in California in 2008 and 2009. Her California driver’s license is suspended and there is no record of a Nevada license.