A Ruhenstroth woman who repaid nearly $140,000 she admitted embezzling from her former employer was sentenced Monday to 90 days in Douglas County Jail.
District Judge Michael Gibbons told Ginger Johnston, 53, she had to begin the sentence Aug. 9.
He suspended a four-year sentence in Nevada State Prison and placed Johnston on four years probation.
He also sentenced her to six months residential confinement.
"I don't think you need to go to prison," Gibbons said. "But the court needs to send a message that theft is wrong."
Between November 2001 and August 2005, Johnston wrote checks to herself while working as the bookkeeper for James C. Ray Associates and Tango Corp.
She said she lost all the money gambling, but made restitution by refinancing her house.
Following the embezzlement, the company closed its Minden office and a full-time employee lost her job.
Gibbons ordered Johnston to pay an additional $7,100 to the company for its own investigative fees.
Johnston's lawyer Tod Young argued that a jail sentence would prevent his client from keeping her waitress job and earning more money for restitution.
He said it would cause a "cascade of problems" that could result in the loss of her home.
"Ginger is extremely ashamed of herself," Young said. "She's ashamed of her conduct. She's done what she can to try to make it right. She's not gambling, she's not drinking. If you cause her to lose her job by being in custody, it blocks her road to recovery."
Gibbons said he considered many factors, but couldn't overlook the number of times she wrote checks to herself.
"It's disturbing that you repeated it so many times," he said.
He said it was unusual to have the money repaid, but prosecutor Derrick Lopez said that was incentive for Johnston to stay out of prison.
Gibbons forbade Johnston from drinking, gambling or entering a casino during probation.
She must complete 100 hours of community service.
n A 20-year-old Gardnerville man was sentenced Monday to three years in Nevada State Prison after he was kicked out of a regimental discipline program for fighting with another inmate.
District Judge Michael Gibbons ordered Ross Perusse to serve a minimum of 12 months before he can apply for probation. He gave Perusse credit for 309 days served in jail and in the regimental discipline program.
He was arrested a year ago for stealing a truck with a co-defendant, driving the vehicle to Sacramento and returning to the Gardnerville Ranchos sand pits where the two shot up the truck and tried to set it on fire.
While awaiting sentencing, Perusse was convicted of beating up a Douglas High School student whom he accused of being anti-Semitic.
Perusse asked Gibbons to give him probation, claiming he didn't get the help he needed in the "boot camp" for his anger problems.
He said the fight broke out because he was egged on by the inmate who chided him over a letter Perusse received from his girlfriend about a friend who was murdered. Young said the antagonist hit Perusse three times before his client hit him back and hurt him. Both young men were kicked out of the camp.
n A South Lake Tahoe man who rode his bicycle to court in Minden on Monday was placed on three years probation for taking $1,500 from a restaurant that he said owed him back pay.
"The court expresses doubts about your story," said District Judge Michael Gibbons. "It sounds preposterous. You were on probation for felony theft when this happened."
Cyrus Cahill, 36, claimed that Fatburger restaurant at Harrah's casino owed him back pay and he had permission to take the money last December.
But the general manager denied Cahill's claim and the defendant pleaded guilty to conspiracy to commit theft to avoid prosecution on a more serious offense.
Cahill was caught on videotape taking the money.
Gibbons asked lawyer Tod Young why he believed Cahill would succeed on probation when he has failed in the past.
"You know why he'll make it?" Young asked. "He rode his bicycle down Kingsbury Grade to get here on time today. Of course, the ride up Kingsbury Grade will be much more difficult. The overwhelming number of people would say, 'My car broke down. I can't make it.' I think he's going to pay this off."
Cahill told Gibbons he would make probation because he quit drinking. He said incarceration would ruin his programs and the progress he's made toward sobriety.
Gibbons ordered him to abstain from alcohol and controlled substances. He must pay $1,492 restitution, complete a substance abuse program, and stay out of the restaurant.
He also must inform employers of his conviction if he finds employment working with money.
Gibbons suspended a one-year term in Douglas County Jail, and told Cahill he'll get no leniency if he violates his probation.
n A 37-year-old Gardnerville man was sentenced to prison Monday for numerous probation violations.
Karl J. Thoeni asked Judge Michael Gibbons for another chance, saying he'd been trying since 2000 to get in a rehabilitation program but was unable to afford treatment.
This time, he said, his alcoholism was considered a disability so he would qualify for benefits.
"The issue is bigger than your inability to control your drinking," Gibbons said. "You endanger other people."
Thoeni was sentenced in 2004 to four years in prison for ex-felon in possession of a firearm.
In 1996 he was sentenced to four years in prison for leaving a woman on Highway 395 after she jumped from his truck. Her family claimed that she was pushed out of the vehicle. She died at the scene.
In the most recent arrest June 14, Thoeni admitted to drinking in Carson City and disorderly conduct.
Carson City deputies were called to a restaurant and ended up evacuating the establishment after witnesses said Thoeni had barricaded himself in the bathroom and had a gun. When he came out, deputies did not find any weapons.
Gibbons gave Thoeni credit for 130 days served.
"You're just going to have to fix your problems on your own," Gibbons said.
