Nye County Court Reports Archives for 2018-08

Court Report - 08/21/2018

By Eunette Gentry

The Pahrump man arrested after “a disturbance” at Ian Deutch Memorial Park on July 30, 2018, involving “a disorderly intoxicated male who was ‘hitting’ juveniles” – is currently “in custody: [on] $5,000 cash or bond”.  William Barter now faces the formal charges of:  “Loitering about School or public place where children congregate; [two counts of] Battery; and, [one count of] Harassment”.  During Barter’s Formal Arraignment, on August 7, 2018:  Barter’s Public Defender, “attorney [Carl] Joerger, waived the formal reading of the complaint, entered a Not Guilty plea on behalf of the defendant and made an oral motion for an O.R. Release.  [The Prosecutor] opposed the O.R. Release…  Attorney Joerger advised that all of the defendant's cases revolve around the use of alcohol and suggested random [urinary analyses] be a condition of his release.  After hearing both sides, the court denied [the] defense’s motion [for an O.R. Release], set a Bench Trial for September 6, 2018…and advised that the defendant's other matters will be bundled and set for a Status Hearing on the same date.  [Then,] the defendant was remanded to the custody of the Nye County Sheriff's Office.”  According to the Declaration of Arrest, when officers arrived at the park, “five juveniles” “described a heavy-set, tall,…man wearing a grey button down shirt and jean shorts [who was] with an adult female.”  “The juveniles stated the man drove over to them, yelled at one of the 13 year old boys – asking him if he wanted to see the female’s” breasts.  Witnesses say the suspect also yelled “other obscenities”.  Investigators say:  “the man then grabbed [a] boy by the shoulders and pushed him up against [a] wall.  A second 13 year old boy attempted to intervene but the suspect pushed him and slapped [the child’s] arm – when he tried to get close”.  A third boy then called police.  Barter “admitted to getting ‘fired’ from his job a few weeks ago – which made him ‘fall off the wagon’ and start drinking again”…  Barter, as he is described on the day of his arrest, was wearing the same clothes described by witnesses; but, he denied any wrongdoing.

 


Court Report - 8/16/2018

By Eunette Gentry

Shawn McNally – the local man arrested May 8, 2018, and charged with “Exploitation of an Older Person” and “Unlawful use of a Controlled Substance” – has his Pre-Trial Hearing in Justice Court “Continued” to October 10, 2018.  McNally’s original Pre-Trial date was July 25th; and, it was scheduled during the defendant’s Formal Arraignment, back on May 15th.  The Order to Continue was signed and filed on July 13, 2018, “due to the unavailability of a judge”.  Another significant McNally case change also occurred on July 13th:  “pursuant to the new Nye County Public Defender contract, attorney Brent Percival has replaced attorney Harry Gensler as counsel for the defendant.”  McNally is suspected of taking financial advantage of an elderly male – who says McNally “would harass, intimidate, threaten, bully and manipulate [him] into giving him [more than] $100,000”.  McNally “had [even] been driving” the victim’s [car].  The victim told police that when he “attempted to turn [McNally] down [after requesting money, he] ‘blew up’ and threatened [that] he would (sue) [and] take [the victim’s] car, his house and everything he owned”.  The victim also says McNally “instructed him to open [a] joint [bank] account, to ‘show’ they had a ‘relationship’ with each other.  Officers say when they questioned him, McNally admitted that he has a “$100 a-day heroin addiction…and that he mixes it with meth and marijuana…to function”.  McNally currently has an “active” “$15,000 bond”.


07/31/2018 - Court Report

By Eunette Gentry

Former area teacher, Ann Marie Landberg, is finally formally arrested on July 20, 2018 – more than six months after being charged on January 4, 2018, with Unlawful Contact With Child, a Gross Misdemeanor”.  According to Landberg’s “Declaration of Arrest”, on July 20th:  “Landberg was instructed by Judge Wanker to report to the Nye County Detention Center – Pahrump, to be Booked and Released on the…charge” of “Contact with Minor/Mentally Ill person, (1st) Gross Misdemeanor”.  This took place during Landberg’s July 20th “Sentencing Hearing” in District Court.  Also during that proceeding:  the “court reviewe[d] the case history and…the Sentencing Recommendations of the Division of Parole and Probation set forth in the PSI Report.  [The] court adjudicate[d] the defendant [as] Guilty [– after Landberg previously made a Guilty Plea].  Defense addresse[d] the court and follows the recommendations. …The defendant [did] not want to address the court [during Sentencing.  Then Landberg was sentenced] to [a total of] $1,028 [in] fines; 364 days NDC Suspended; [and,] 3 years Probation – with all the special terms and conditions.”  After sentencing, that’s when Landberg was “booked in the system”.  Landberg entered a previously arranged “Guilty Plea” agreement during her first appearance in District Court – which was for her “Arraignment Hearing” – back on June 15, 2018.  During that proceeding:  Landberg was “present [while] in custody.  [The] court canvass[ed] the defendant, outline[d] the Guilty Plea Agreement…and the maximum possible sentence.…[Landberg pleaded]  Guilty and waive[d] her Constitutional Rights to Trial….[Then, Landberg] address[ed] the court and apologized for her actions” – during her Arraignment.  Nye County School District’s Superintendent confirmed with NEWS46 that Landberg: “worked as a substitute from February 8, 2017 to October 6, 2017.”  The acts Landberg committed occurred between “September 1, 2017” and “October 6, 2017”

 


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