The Tenth Judicial District Court convened Tuesday, September 9 with Judge Thomas Stockard presiding.
Keenyun Nazir Williams pleaded guilty to two counts of the Wobbler charge Attempt to Commit Possession of a Controlled Substance, which can be sentenced as either a Category E Felony or as a Gross Misdemeanor. If sentenced as a felony, each charge carries a potential penalty of 1–4 years in prison and a fine up to $5,000, or as a Gross Misdemeanor, up to 364 days in jail and a fine up to $2,000.
On Count I, Williams was said to be in possession of two 10 mg oxycodone pills, a Schedule II controlled substance, when he only had a prescription for 5 mg pills. On Count II, he had thirteen 1 mg pills of alprazolam, for which he had an expired prescription, which has now been renewed.
Deputy District Attorney (DDA) Priscilla Baker stated that pursuant to plea negotiations, the state asked for each count to be treated as Gross Misdemeanors. Baker said Williams was traveling from Las Vegas to California when a road rage incident occurred. As the car he was in passed another vehicle, Williams put his head outside the passenger side door and brandished a firearm. Baker noted some witnesses reported shots fired into the air. The occupants in the other vehicle phoned 911. The driver of the vehicle Williams was in was pulled over and officers found pills and marijuana.
“I understand that there may have been prescriptions, but they were for less value and less content,” Baker said, noting that Williams was sentenced in Justice Court on the brandishing charge. She asked for a $1,000 fine on each count, stating, “This is just not acceptable behavior in our community or in any community.”
Churchill County Alternate Public Defender (APD) Wright Noel said his client is adamant that no firearm was brandished, nor fired. Further, Williams submitted to a gunshot residue test, which came back negative.
Williams told the court, “During this incident there was a road rage accident. I should have handled myself better.”
Judge Stockard sentenced both counts as Gross Misdemeanors and fined Williams $1,000 on each count.
Joshua Douglas Elderton appeared for sentencing on the Category B Felony of Failure to Stop on the Signal of a Peace Officer, to which he pled guilty on June 17.
Churchill County Public Defender Jacob Sommer told the court, “Josh, since the outset of this case, has worked very hard to ensure that he is remaining in compliance with all of the obligations that he has.” Sommer said his client has a “somewhat substantial" criminal history, and his “behavior over the years has been troubling in a lot of ways.” He pointed out Elderton's last felony was in 2014 and all charges until this offense have been misdemeanors.
According to Sommer, Elderton has quit drinking alcohol, has worked as a welder and mechanic, and is working on getting his driver's license. While Elderton did not immediately pull over, he didn't go far. “Eventually Josh came to his senses, and said that he was going to be cooperative.” Over the last 83 days, the defendant has had 17 random drug tests and 16 random alcohol tests; all negative. Sommer said Elderton has been a pleasure to work with, always contacts his office, and has made sure to fulfill his obligations. “Moving forward, Your Honor, I think this shows very well that Mr. Elderton can and should be granted probation.”
Elderton told Judge Stockard, “I’d just like to apologize to the court for my actions … It was a dumb thing to do. There's no excuse for it.” Elderton asked the court for mercy, to give him probation.
Judge Stockard noted Elderton is able-bodied, hasn't worked in over 12 months, has 29 misdemeanor convictions, four felony convictions, and was convicted in Justice Court on the same offense a year ago. “At some point this just gets really old,” he said. “It's time for you to stop telling me what you're going to do and start doing it. … I know why you evade, it’s because you shouldn't be driving.”
Judge Stockard granted Elderton probation on a 28–72 month suspended prison sentence and ordered him to obtain full-time employment and either his birth certificate or a valid license. He is not to drive without a valid license.
Stockard cautioned Elderton, “If you come back before me, I'll be open-minded; but with this type of history, it's time to change.”
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